Wrongfully fired?

[RobinP]

Texas

My husband works in manufacturing, and he's an hourly employee, who punches a time clock. He was fired because he failed an alcohol test, but he was paged into the plant to investigate an accident in his department, earlier than his scheduled shift, and he did not punch the clock. He was never on the clock during the entire time. He had gone out the night before, dinner and drinks, and WAS NOT drinking on the job.

The Safety Director had smelled it on his breath during the accident investigation, and then asked him to take the test.

Is there something legal about the clock, and not being on the company's time? Was he technically on his own time? Does he have a case?

Thank you,
Robin

 

[RobinP]

Wrongfully fired? Part II

A couple of other things to mention. He has been with this company for 10 years, with a spotless record.

He doesn't have a history of alcohol problems, coming late or leaving early.

His reason for not punching the clock was that he was coming in to check on his employee in the accident, and then he was planning on going home.

And two hours went by between the accident investigation and the Safety Director asking him to take the test. This would then mean that the test was taken during his regular work hours. Coincidence?

Robin