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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4979
Experience:  Extensive experience representing employees and management
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I was asked to resign instead of getting fired. They said

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I was asked to resign instead of getting fired. They said if I didn't resign I could not receive my partners flight benefits.. I was a marijuana addict and was not offered any rehab. I used fake urine to pass it but failed and admitted to being an addict. My company has a rehab policy where you get a second chance. I was not offered this because I faked the test. Can I fight to get my job back?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Does the written policy state that you can get a second chance if you faked the test or is the policy only for people who fail the test when taking it?

Are you an at-will employee or are you a member of a union or have an employment contract with your employer?

Finally, did your employer state it would contest your application for unemployment benefits.
Expert:  Joseph replied 1 year ago.
Hello Dana,

Unfortunately, it is legal for your employer to terminate you (or require you to resign in lieu of termination) for submitting a false urine sample.

California law only requires that an employer provide employees an opportunity for rehabilitation if they come to the employer first (before being caught with drugs/alcohol in their system) to ask for the opportunity. After an employer discovers that an employee has tested positive for a drug and/or faked a test, it is within its rights to terminate that employee.

This is due to the employment-at-will doctrine, which is codified in California Labor Code Section 2922, and states:

"An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month."If it's any concillation, I personally strongly disagree with this policy and believe marijuana should be legalized (which is happening slowly). When/if it does, employees will probably not be able to terminated for legal usage, but unfortunately the current status of the law states otherwise.

Additionally, although the employer has a policy of giving employees who failed the test a second chance, that policy doesn't obligate them to do anything for employees who fake the test, since that likely brings up additional issues to the employer that failing the test does not.

I sincerly wish I had better news to give you, but I hope you appreciate a direct and honest answer to your question.
Joseph, Lawyer
Satisfied Customers: 4979
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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