• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Discrimination

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Tiffanyt

New member
So My boss told me I have a random drug test. Then after, he tells me cause someone said I smell like weed. I was even with the boss the moments I got to work right when I step out my vehicle. We always have to talk to the boss before we start working and with all the people I was in contact with, an only a person said I smell like weed bs..!! I even work with someone he never ever said I smell like weed cause you can’t smell weed when there isn’t weed to smell when I don’t smoke weed!! I don’t do drugs !! Went take the drug test they waited for the results...NEGATIVE!!! Now the company I was working for told the company I’m actually with they don’t want me on there premise. I have to go somewhere else. Why wouldn’t they want me back?? I need answers!! If y’all can help me please do cause I’m feeling like ~ DISCRIMINATION~ stereotype unfair and untrue: negative assumptions about me. ~RACISM~ ~SEXISM~

This just really turned my world upside down & it hurts.It’s more to this situation that they are not saying. Cause they plotted against me to have a reason to say they didn’t want me back. What’s the reason.
Whomever stereotype me to lead to unfair and untrue assumptions about me.
The accusation is very serious;
The accusation will negatively impact my future relationships with others at work that I work with.
This type of discrimination is often intentional and obvious. As I can see it is so obvious. Cause they couldn’t give me a reason to why they didn’t want me back.
failed to use reasonable caution and caused damage to me slander my name. {Slander occurs when FALSE information is broadcast to an audience} Now everyone at that job location thinking I got fired for drugs when that’s not the case!! Cause I can’t return cause they don’t want me to return and my drug test was negative. Now I have to drive 3 hours to another location and I don’t receive money for gas or hotel and I have to wake up early 3:30. And my pay been cut. Now all this really took me out.
 
Last edited:


Just Blue

Senior Member
So My boss told me I have a random drug test. Then after, he tells me cause someone said I smell like weed. I was even with the boss the moments I got to work right when I step out my vehicle. We always have to talk to the boss before we start working and with all the people I was in contact with, an only a person said I smell like weed bs..!! I even work with someone he never ever said I smell like weed cause you can’t smell weed when there isn’t weed to smell when I don’t smoke weed!! I don’t do drugs !! Went take the drug test they waited for the results...NEGATIVE!!! Now the company I was working for told the company I’m actually with they don’t want me on there premise. I have to go somewhere else. Why wouldn’t they want me back?? I need answers!! If y’all can help me please do cause I’m feeling like ~ DISCRIMINATION~ stereotype unfair and untrue: negative assumptions about me. ~RACISM~ ~SEXISM~

This just really turned my world upside down & it hurts.It’s more to this situation that they are not saying. Cause they plotted against me to have a reason to say they didn’t want me back. What’s the reason.
Whomever stereotype me to lead to unfair and untrue assumptions about me.
The accusation is very serious;
The accusation will negatively impact my future relationships with others at work that I work with.
This type of discrimination is often intentional and obvious. As I can see it is so obvious. Cause they couldn’t give me a reason to why they didn’t want me back.
failed to use reasonable caution and caused damage to me slander my name. {Slander occurs when FALSE information is broadcast to an audience} Now everyone at that job location thinking I got fired for drugs when that’s not the case!! Cause I can’t return cause they don’t want me to return and my drug test was negative. Now I have to drive 3 hours to another location and I don’t receive money for gas or hotel and I have to wake up early 3:30. And my pay been cut. Now all this really took me out.
What state?
 

commentator

Senior Member
Okay, you really think you've got a lot more rights and privileges in the U.S. labor force than you actually have. No one has done anything illegal to you. You apparently worked for a temporary service at a worksite. You in no way work FOR the company or business where you worked. You work for the temp service. They work for the work site employer, and do exactly what the worksite employer wants them to do. If they say, "I don't want you to send Joe Blow back out here to work because he smells like shoe polish," or "because he reminds me of my Uncle Oscar" or whatever the reason, that's no discrimination. They just say, "We want you to send somebody else out here and not send Joe Blow back." The temp service does exactly what their client employer wants them to do. That someone thought you smelled like pot when you didn't, that just happened.

Where does that leave you? Well, you didn't flunk the drug test. There is no spot on your record. Your employer (the temp service) did not fire you justly or unjustly. They gave you another job assignment. That you didn't like this new job as much, or that it was not as convenient for you to get to, well, that's just kind of the way the cookie crumbles. You can say discrimination, and it was, but not illegal discrimination. You can say it was racism, or sexism, but there's no way you can reasonably show that it was because you were white or black or Hispanic or some particular gender only that you were inaccurately accused of smoking pot and drug tested or that your assignment was changed.

It sounds as though you are just indignant and working yourself into a visualization of where this unfair thing is going to ruin your life. Not so. You can get another job somewhere else. That is your best alternative if you don't like your worksite now. If the people on your job are your friends you can continue to be friends with them when you're working elsewhere. Your life is not ruined, what has happened to you is not really all that serious in the great long story of your employment history, and right now, there is no big black mark against you anywhere because of it.
 

justalayman

Senior Member
At best, you would have a slander claim against the person making the original report if you could prove it was a false statement. The problem is there is a possibility the reporter was simply mistaken. Maybe you were walking near a person that does smoke weed and the reporter thought it was you. Maybe they mistook some other odor for weed.

The chances of you proving it wasn’t a mistake are slim, even if the reporters defense is all a lie.


If you can’t convince your former employer you should be reinstated, it’s time to move on.


Btw: there are almost no situations where an employer cannnot simply terminate your employment whenever they wish to. They don’t need a reason. Why they would go to any great lengths to create some fictitious story to terminate you when all they have to do is walk up to you and say you’re terminated makes no sense.
 
Most jobs when you start if that policy, random pee test, is in place will tell you right away its not a secret.

Because of this, I would never work at a place like this. I am not saying OP is right or wrong, but it's legally hard to fire someone these days. If they are doing a good job and you just don't like them for whatever reason, demanding a drug test and making the job bad for them is a good way to get them to quit.

I had a job with random tests, never took a single one not even to start. Another coworker was tested three times, never failed. It's weird.
 

PayrollHRGuy

Senior Member
It isn't a random of the employer said there was a reason for sending you. Most workplaces that have a properly written drug testing policy categorize them as prehire, random, for cause and post-accident.
 
Also standard if workers comp claim is possible, management usually will want a drug test to avoid paying by saying hey they were on drugs at work. Silly for thc which stays with you for months but that's policy. I stick with what I say before maybe you shouldn't work there. Best to go somewhere else and be successful. That's very high school to say someone smells like weed and involve disciplinary action. It's a waste of test supply and everyone's time unless the want you gone or it's for cause and post accident. To say its discrimination probably impossible to prove.
 

justalayman

Senior Member
Also standard if workers comp claim is possible, management usually will want a drug test to avoid paying by saying hey they were on drugs at work. Silly for thc which stays with you for months but that's policy. I stick with what I say before maybe you shouldn't work there. Best to go somewhere else and be successful. That's very high school to say someone smells like weed and involve disciplinary action. It's a waste of test supply and everyone's time unless the want you gone or it's for cause and post accident. To say its discrimination probably impossible to prove.
You also need to realize op appears to be working for a staffing company and the client is who said they don’t want op to return. From what it appears op wasn’t fired from their employer.
 

Tiffanyt

New member
Texas and I don’t work with a staffing company. The company I work for have a contract with the other company.
 

cbg

I'm a Northern Girl
Which really doesn't change anything; there's still no illegal discrimination here.
 

Tiffanyt

New member
It isn't a random of the employer said there was a reason for sending you. Most workplaces that have a properly written drug testing policy categorize them as prehire, random, for cause and post-accident.
Your right after the fact, he said someone said, it became more of reasonable suspicion.
 

Tiffanyt

New member
Which really doesn't change anything; there's still no illegal discrimination here.
It was two of us that approach the person that said I smell like weed, the other person didn’t have to take a drug test just me. & before that probably an hour before we saw the person that said that. We stood right in front of the boss. With 2 other people.
 

justalayman

Senior Member
Texas and I don’t work with a staffing company. The company I work for have a contract with the other company.
You still don’t work for the company that told the company you work for they don’t want you there. As long as there is no illegal discrimination involved, they can demand you not return to their facility.

This even removes the issue of any drug policy your company may have. It is the customers right to not allow you there.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top