wrongful termination

[dissabled]

Why did i get fired for failing a drug screen (bulk random) when I am under Dr. Orders and a prescription for what showed up

 

[army judge]

Why did i get fired for failing a drug screen (bulk random) when I am under Dr. Orders

When you asked your former employer, what explanation was provided to you?

Be advised, an employer needs no reason to terminate your services, just as you need to reason to quit and take new employment.

 

[shrinkmaster]

Was your employer aware of your prescription?

 

[dissabled]

I was told that they didn't like my medicine and if I could get off the medicine that I can come back to work I saw no paper work on getting terminated I just went home by the complaint with the EEOC and filed for unemployment which I won in appeal

 

[dissabled]

No every month I had an appointment that needed to be handled in the morning on Mondays once a month to go to the doctor and They knew that I was had some kind of issue but with that medicine I couldn't make it public because people would try to steal it I had that problem before. all the time off I needed for each month doctor visit was all documented through emails and I have copies all those email

 

[Betty3]

Maybe the medication you were/are taking imposes a safety risk on the job. We don't know the medication or type of job you had.

Have you heard back from the EEOC re the complaint you filed?

 

[dissabled]

No I have not heard anything from EEOC since I filed complaint and the notice of receipt .
As far as the med I was asked Dr info they faxed some paper work to him. We sat together went over the issues of limited mobility, which their was none. The Dr even reduced the dosage. So i return to work on a Monday excited to have resolved this issue ?
I was terminated on Friday afternoon being told
"THEY" didn't like my meds when i no longer take them I can return to work but we have to let you go..
.

 

[disagreeable]

You were not failed for failing a drug test. You were terminated for taking a medication the company felt presented a hazard to the performance of your job. Heck, if I could continue taking all the pain pills, benzos etc I am on as well as killing a 5th of 151 every couple days at work to numb the neuropathy and the job were specifically set up to accommodate all my disabilities I could probably work part time. Getting an employer to do it of course is the key.

 

[dissabled]

but there's the rub they did fire me for failing the drug test and they even told other offices supervisor that I failed the drug test and they had to send somebody up to our office to replace me so that's what I think is that they did fail me for not following policy and and failing a drug test

 

[Disabled Vet]

Hmmm,

Considering FL is the Oxycodone and Hydrocodone mill of the United States I would assume your taking one or the other. If you have a office job and have been taking these meds for a extended amount of time. I wouldn't see a problem with job duties. Now.... If your a pill popper.... your job performance sucked. Well... You gave them the road to fire you. My suggestion is simple one... Go clean yourself up. Come off these meds and see how the world looks to you. Now, Please don't tell me that you condition prevents you from coming off them. As a crippled guy.. I walked that road myself. Against my doctors wishes i stopped taking them. You know what? After a month I realised that my pain was still there. But i was able to handle it better instead of being fogged up. Time to find another job and find yourself. I would assume it's been a long time since you knew that person. Good luck

 

[shrinkmaster]

By your own statements they had issues with your meds and were working with you on them. However it appears that this did not work out. Since your complaint was accepted continue to work with EEOC and see were that goes

 

[cbg]

Winning an unemployment claim does not mean the termination was wrongful. The vast majority of people collecting unemployment were legally fired.

I strongly suspect this was a safety issue.

It's going to be a minimum of 6 months before you hear anything from the EEOC.

 

[disagreeable]

Make up your mind. You are trying to twist the story to make yourself correct.

I was terminated on Friday afternoon being told
"THEY" didn't like my meds when i no longer take them I can return to work but we have to let you go..

but there's the rub they did fire me for failing the drug test and they even told other offices supervisor that I failed the drug test and they had to send somebody up to our office to replace me so that's what I think is that they did fail me for not following policy and and failing a drug test

 

[dissabled]

Wow I guess that's what you get for free

 

[shrinkmaster]

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[army judge]

Wow I guess that's what you get for free

You always get what you pay for, and you often reap what you sow.
You are free to pursue your complaint with the EEOC.
You are free to hire an attorney to protect and represent your interests.
I'm closing this thread so as not to further disappoint you.

 

[Michael Wechsler]

Wow I guess that's what you get for free

You mean you're getting a lot more valuable information than one should expect to get for free.

The facts are as follows - we really don't know many facts and you're leaving us to assume them. As sympathetic as I am to being terminated - as well as everyone here - it doesn't change the honest opinions given to you. Unless you have some type of employment contract, the majority of states are "at will" employment states. They can terminate you without even providing a reason. It sucks, yes, but that's the law. They can not like the medication you've been given and terminate you because they don't feel that things are working out with you, even apart from any issue concerning the medication. Unfortunately that is how fragile your employment agreement is, absent some agreement. There is no "right to work" any more than there is a right to have your lease renewed in a house you've been renting for 10 straight years unless there is a special provision in the lease or an unusual exception to the law.

You want to continue focusing on the fact that you were terminated because of a drug / medication for which your doctor prescribed. But as per the above, that's probably not going to protect you from the fragile "at will" employment status that you have. Taking an example above, let's say your job is to serve as a truck driver and your position requires a lot of "on call" work. You've been given a medical marijuana prescription to deal with your constant elbow pain which means smoking regularly to combat the pain. You may be legally entitled to smoke marijuana and you do but the company feels very concerned about additional safety and liability concerns it presents, especially after a positive drug test showing higher levels than they expected. Whether or not you want to argue that you'll be fine to drive, the law still prescribes limits for DUI levels. This could make you unfit to be able to serve as a substitute driver last minute when you are on call. I'm not saying I'm for or against smoking marijuana, just giving you an idea of what could happen should you be on a prescription for regular use. It may be even more alarming with oxycodone.

Here everyone is making assumptions and educated guessing. You'd need a full and proper review of your case along with the details that you're apparently not fully wiling to share - such as the drug we are discussing. But as has been pointed out, just because your doctor prescribed it does not mean that a company is required to keep you on the job if it significantly impairs your ability to perform the essence of the job. That's the issue you need to overcome just to make any type of case in a moral court. And then there is the court of law, which states that you need to be in a "protected class" of people in order to make a discrimination case, e.g. based upon your race, gender, religion or other specific special classes such as a disability (which has requirements), etc. And unless you've got some type of employment agreement (which can include those that may involve your union), you're an at-will employee and probably don't have a wrongful termination claim or breach of contract (your employment agreement). If you have a union you may want to speak to your union rep. Good luck.