Accused of smoking...

[myangelvac]

What is the name of your state? New Jersey

I'm hoping someone can help me out. Here's my situation:

My brother is a delivery person for an auto parts store near us. Yesterday he was told that he needed to go for a spot drug test on Tuesday. He was told that it was being done with everyone and that he was the first one. He had heard rumors that this was happening because of suspicions (he wasn't told that the suspicions were directed at him though). Just today he was told by another employee that he is being targeted because someone from one of the companies he delivers to called and said he smelled like marijuana. His boss is acting different to him and one of the other employees as well but a drug test wasn't mentioned to the other employee yet though. My question is: If he gets fired because of suspicion even though he passes the drug test what are his possible courses of action if any? Also, the customer that called and started all of this, can he sue him for defamation or anything like that? Any assistance would be greatly appreciated. Thank you!

 

[I AM ALWAYS LIABLE]

What is the name of your state? New Jersey

I'm hoping someone can help me out. Here's my situation:

My brother is a delivery person for an auto parts store near us. Yesterday he was told that he needed to go for a spot drug test on Tuesday. He was told that it was being done with everyone and that he was the first one. He had heard rumors that this was happening because of suspicions (he wasn't told that the suspicions were directed at him though). Just today he was told by another employee that he is being targeted because someone from one of the companies he delivers to called and said he smelled like marijuana. His boss is acting different to him and one of the other employees as well but a drug test wasn't mentioned to the other employee yet though. My question is: If he gets fired because of suspicion even though he passes the drug test what are his possible courses of action if any? Also, the customer that called and started all of this, can he sue him for defamation or anything like that? Any assistance would be greatly appreciated. Thank you!

My response:

Write back AFTER your brother is tested, and when the results are back.

IAAL

 

[mreman]

We can't help until after the test. If he passes and then is fired for THAT reason then he may have a case. He can not go after the customer who said he smelled like pot unless the customer admits he made it knowing it was a lie. If he calls and says your bro smells like pot and that is what he thinks he smells like, then he made an honest statement so he is not liable.

 

[cbg]

Neither Federal nor New Jersey laws prohibit or limit drug testing. Unless your brother is subject to DOT regulations (and while it depends which ones, DOT regs are more likely to require testing than forbid it) there is nothing illegal about singling him out for a drug test, particularly if a customer complained about the smell of pot. (It is only illegal to single out an employee BECAUSE OF their race, religion, national origin and so on.) Regardless of the results of the test, it will be legal (even if possibly unfair) if he is fired. He would only have a case of defamation against the customer if he could show that the customer LIED. Not was honestly mistaken; LIED. The burden of proof would lie entirely with your brother.