Do 5th amendment rights apply in this case?

[melanie359]

What is the name of your state (only U.S. law)? South Carolina

At what point do 5th amendment rights come into play? In the state I work and live, SC, it is illegal to adulterate a urine drug test. I was given a urine drug test at work and it came back "possibly adulterated" (although the MRO told me that it WAS adulterated). I went up the chain of command requesting a new urine sample be taken or the suspect sample be retested and was repeatedly told "no". I wasn't even allowed to see my lab results. I was brought before a disciplinary council, given absolutely no information and promptly fired for "fitness for duty violation". The crime was never reported to law enforcement. I was never given an opportunity to defend myself against the accusations and subsequent determination (by the company) that I did do this. My employment there was my sole income and because of the "fitness for duty violation" reason for firing, it has definitely deprived me of the ability to work in my field. This is not an employment law question it is strictly a question of - do 5th amendment rights apply in this case?What is the name of your state (only U.S. law)?

[Zigner]

Actually, 5th amendment rights don't come in to play at all. This is STRICTLY an employment law question. If you are not a member of a union (CBA) and do not have a bona-fide employment contract, then your employer is free to terminated you based on what you have posted.

[melanie359]

I'm assuming you said it doesn't apply because it wasn't reported to law enforcement and they didn't charge me with a crime. It that correct? I don't know if it matters but the "crime" took place on a federal site and my former employer is a federal contractor that is required to report crimes.

Actually, it probably would have been better for me had they reported it because then, at least, they'd have to prove it.

[Zigner]

Originally Posted by melanie359

I'm assuming you said it doesn't apply because it wasn't reported to law enforcement and they didn't charge me with a crime. It that correct? I don't know if it matters but the "crime" took place on a federal site and my former employer is a federal contractor that is required to report crimes.

Actually, it probably would have been better for me had they reported it because then, at least, they'd have to prove it.

My answer remains the same.

[melanie359]

In regard to you employment at will comment, yes, I know that. They have offered to rehire me due to another charge and are, of course, asking for a signed release of liability. I am in the process of working on my counter offer and was wondering about the 5th amendment question as possible leverage.

[xylene]

There is but a remote chance you will be able to sue successfully.

Them giving you the job back, is a generous offer when you think of the legal costs involved.

[GaAtty]

What you are referring to is the "stigma" of being accused of a crime and the resulting inability to clear your name because you have not been given any type of hearing. Speak to a civil rights attorney or an employment attorney.