possible libel case?

[sixpackofduff]

What is the name of your state? South Carolina. I was terminated from my job recently due to failing a drug screen (cocaine) at my place of employment. I was administered an oral swab and the specimen was mailed to a lab, which notified me about a week later that I had come up positive for cocaine, a drug I have never used.. I was effectively and imediately terminated despite my protestation that I be retested. I took it upon myself to pay for a hair test following my termination because a hair drug test will identify drug use further into the past than any other form of drug screen. Of course, the hair test came back negative for cocaine. I am not interested in having my employment restored at my previous employer, however, I am interested in suing the lab that my employer used for defamation, or perhaps more specifically, slander. Do I have a winnable case?

 

[stephenk]

Does cocaine remain in the system longer than 72 hours?

 

[JETX]

Do I have a winnable case?

No.
Do you have about $10,000 to spend on a defamation case?

 

[casa]

What is the name of your state? South Carolina. I was terminated from my job recently due to failing a drug screen (cocaine) at my place of employment. I was administered an oral swab and the specimen was mailed to a lab, which notified me about a week later that I had come up positive for cocaine, a drug I have never used.. I was effectively and imediately terminated despite my protestation that I be retested. I took it upon myself to pay for a hair test following my termination because a hair drug test will identify drug use further into the past than any other form of drug screen. Of course, the hair test came back negative for cocaine. I am not interested in having my employment restored at my previous employer, however, I am interested in suing the lab that my employer used for defamation, or perhaps more specifically, slander. Do I have a winnable case?

I'm not sure it would be worth your time & effort to sue the lab...However you can contact the Employment Board and see about wrongful termination. Less costly, quicker and you could at least recover any wages you've lost since being terminated - through until you find another job.

 

[JETX]

IHowever you can contact the Employment Board and see about wrongful termination. Less costly, quicker and you could at least recover any wages you've lost since being terminated - through until you find another job.

HUH??? Where did you even get a hint that there was 'wrongful termination'??
Clearly, you have NO idea what 'wrongful termination' is. So, let me help to 'educate' you:
Wrongful termination is when an employee is discharged without a proven cause, that employee has the right to sue the employer for damages such as loss of wage and "fringe" benefits, and under certain circumstances, for punitive damages. To do this, the employee must have had a specific or implied contract indicating that the employment would be permanent and that the discharge was in contradiction of public policy.

For more 'education', go to: http://jobsearchtech.about.com/od/laborlaws/l/aa102300.htm

 

[casa]

HUH??? Where did you even get a hint that there was 'wrongful termination'??
Clearly, you have NO idea what 'wrongful termination' is. So, let me help to 'educate' you:
Wrongful termination is when an employee is discharged without a proven cause, that employee has the right to sue the employer for damages such as loss of wage and "fringe" benefits, and under certain circumstances, for punitive damages. To do this, the employee must have had a specific or implied contract indicating that the employment would be permanent and that the discharge was in contradiction of public policy.


For more 'education', go to: http://jobsearchtech.about.com/od/laborlaws/l/aa102300.htm

Because when testing positive for drugs- you can request a secondary test to rule out false positives (which OP did and was denied). He was fired for using illegal drugs and now has proof (more reliable and accurate testing) that shows he did not use illegal drugs.

Unless PA is extremely different than most other Labor Boards- OP has a chance with this. I myself helped with 2 cases the same as this in the last 3 years. 1 won $8,000 in recovered wages and 1 won $15,000 in recovered wages. Unfortunately drug testing is not infallable.

 

[casa]

HUH??? Where did you even get a hint that there was 'wrongful termination'??
Clearly, you have NO idea what 'wrongful termination' is. So, let me help to 'educate' you:
Wrongful termination is when an employee is discharged without a proven cause, that employee has the right to sue the employer for damages such as loss of wage and "fringe" benefits, and under certain circumstances, for punitive damages. To do this, the employee must have had a specific or implied contract indicating that the employment would be permanent and that the discharge was in contradiction of public policy.

For more 'education', go to: http://jobsearchtech.about.com/od/laborlaws/l/aa102300.htm

From your own source of "Education":

What you can do about Unlawful Termination:

What is Employment-Related Defamation?
In the USA, defamation is harm to the reputation or character of someone, caused by the false statements or acts of another. It's also called defamation of character.

Employment-related defamation occurs when an employer lies about an employee, causing harm to the employee's career or coworkers not to associate with the empoyee.

Verbal defamation is slander, while defamation in writing or print is libel.

To be either slanderous or libelous by law, your employer must issue a false statement of fact about you to a third party. An opinion usually doesn't count, even if it's untrue. However, it might depend on what the opinion implies and whether or not it trashes your career.

Defamation Of Character
Articles and Information about What Is Defamation Of Character

<snip> "Did drugs on the job, but you never did, that's a specific, false statement of fact and likely to be defamation." <snip>

Firing someone for using illegal drugs, when they can demonstrate through accurate testing that they do not- Is grounds for an Unlawful Termination case.

 

[JETX]

Employment-related defamation occurs when an employer lies about an employee, causing harm to the employee's career or coworkers not to associate with the empoyee.

Where does ANYTHING in the post say that the employer lied about the employee???
The employer took appropriate (and legally correct) action based on the lab report that they were given.

To be either slanderous or libelous by law, your employer must issue a false statement of fact about you to a third party. An opinion usually doesn't count, even if it's untrue. However, it might depend on what the opinion implies and whether or not it trashes your career.

See above.

You are clearly confused about the party's involved in this matter.
And the lab, as long as they were accurately reporting the results of their tests, is also not defamation.

 

[casa]

Where does ANYTHING in the post say that the employer lied about the employee???
The employer took appropriate (and legally correct) action based on the lab report that they were given.


See above.

You are clearly confused about the party's involved in this matter.
And the lab, as long as they were accurately reporting the results of their tests, is also not defamation.

I agree it would be futile to pursue the lab. However, he has a right to challenge a positive drug test result- and was denied that opportunity, and ultimately fired for using illegal drugs. He did not use illegal drugs.

Being fired for this particular reason is not incredibly hard to fight. (IMO) I would certainly do it, if I were OP- since this could wind up on his employment records and extensively tarnish his reputation in re; future employment.

 

[JETX]

However, he has a right to challenge a positive drug test result

Where did you pull that from??? There is NO statutory right for an employee to challenge a drug test. You must think that there is an employee contract or some bargaining agreement in place. There isn't.

and ultimately fired for using illegal drugs.

Wrong again!!
If you had read and UNDERSTOOD the issue, the writer was terminated for failing a drug TEST, not for "using illegal drugs" ("I was terminated from my job recently due to failing a drug screen (cocaine) at my place of employment.)". I know you may not grasp the difference.... but there is a HUGE one.

He did not use illegal drugs.

So he says. The test that the employer had done says to the contrary.

Being fired for this particular reason is not incredibly hard to fight.

Of course it is. This is a losing battle.
Reasons: The employer was within their rights to terminate the writer, results of tests or not. As an 'at will' employee, the employer can terminate him with or without any reason at all. The drug test results were just the immediate 'reason' given. I am sure that if he forced a return (unlikely), they will simply find a more 'acceptable' reason to terminate.
And finally, the most important reason of all..... any litigation against this employer will certainly crap on any recommendation or referral.... and likely be a career 'killer'.

The best hope that the writer has is to rationally contact the employer PROFESSIONALLY and with REASON and try to explain his subsequent test results. He can even offer to take a third test at his cost, using THEIR lab. In return, he would request a written letter of recommendation and promise that any future referrals would be a simple 'left on good terms' (or similar).

 

[casa]

Where did you pull that from??? There is NO statutory right for an employee to challenge a drug test. You must think that there is an employee contract or some bargaining agreement in place. There isn't.


Wrong again!!
If you had read and UNDERSTOOD the issue, the writer was terminated for failing a drug TEST, not for "using illegal drugs" ("I was terminated from my job recently due to failing a drug screen (cocaine) at my place of employment.)". I know you may not grasp the difference.... but there is a HUGE one.


So he says. The test that the employer had done says to the contrary.


Of course it is. This is a losing battle.
Reasons: The employer was within their rights to terminate the writer, results of tests or not. As an 'at will' employee, the employer can terminate him with or without any reason at all. The drug test results were just the immediate 'reason' given. I am sure that if he forced a return (unlikely), they will simply find a more 'acceptable' reason to terminate.
And finally, the most important reason of all..... any litigation against this employer will certainly crap on any recommendation or referral.... and likely be a career 'killer'.

The best hope that the writer has is to rationally contact the employer PROFESSIONALLY and with REASON and try to explain his subsequent test results. He can even offer to take a third test at his cost, using THEIR lab. In return, he would request a written letter of recommendation and promise that any future referrals would be a simple 'left on good terms' (or similar).

The great thing about boards like this- is they provide resources for information gathering. The OP can listen to various people's experience &/or insight- and make a decision about what possible steps to take.

I have seen people prevail in this particular issue- Perhaps OP can contact an attorney and decipher if his particular case might also prevail.

Your advice about contacting the employer to attempt to clear his work history or repair his employment record, is a good one. If they cooperate it would be helpful- if they do not, he still has a termination due to failing a drug test for a drug he never took. And then, he is still left deciding what to do about it.