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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41220
Experience:  I provide employment and discrimination law advice in my own practice.
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I have tested positive urine test (which I am not even sure

Customer Question

Hi,
I have tested positive for drug urine test (which I am not even sure was part of my contract), they told me i'm too valuable and asked me to go to psychologist for 3 months and regularly randomly tested me for 2 years to follow, it was clear to all, including psychologist, that I never had a problem with drugs, it was just seldom on occasion. The company has continued to grow and do better due to my marketing efforts. Then, 2 years later, they tested me randomly first thing in the morning after I went out, apparently there was alcohol in my system, but nothing else. They understood that i was out and yes, it must have been the first time I urinated since the night, so obviously it was in my urine. Our company has grown from 1 office to 2 offices, while staff size has remained the same. We went from me consulting for one person, to consulting for 3 people. Work load has continued to increase, never had a lunch break in 3.5 years, just quickly a bite of food and running back. I was overworked, and overwhelmed, and still company kept growing and has now become top 3% in the country. They gave me a contract to sign last Friday, which has a ridiculous restrictive covenant - that i can't work for 2 years if i leave in this field in 2 mile radius of each office (that limits my opportunities tremendously). They also wanted me to sign that I am agreeing to uninterrupted half hour lunch break, or otherwise i can have half hour uninterrupted but unpaid break. I refused to sign it, and it was immediately followed by a drug test, which I told them will be positive due to my bday vacation (I explained that i only do it on special occasions and although I respect company policy, which is why I wouldn't do it during working week, but they need to respect my personal time choices which don't effect my work). At this point, they terminated me and made it look like its due to "drug problem" and lied about patient complaint which cost them loss of profit. All the complaints were due to the doctors in the office not providing patients with results they wanted (cosmetic surgery office), and I was always responsible to make patients happy and make sure they don't complain about the doctor or give her a bad review. NONE of the patients in all my years there have ever complained about me!
Also they said I would come in to work "appearing disheveled or intoxicated" - that's not true, I would never ever come to work intoxicated! I have a child I take to school at 8am each morning, I'm a single mom with a mortgage and car. The only times I looked not my best was when i spent nights crying over the fact that my partner started to cheat on me due to the fact that i'm never home, always working, and i had to let him go. I hid this information for a while, but at some point i have told them that this is what happened. I'm afraid she's trying to prevent me from getting unemployment.
please somebody help!!!
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi,
Thank you for your question. Please permit me to assist you with your concerns.
I have read the facts and understand the situation. What specifically can I help answer for you? Please be advised that the answers I may provide might not be favorable as I will answer based on the law and actual facts which perhaps may not be as you hoped. Please advise.
Customer: replied 1 year ago.
I would like to apply for unemployment, but afraid that the termination reason, written as they have written it, may disqualify me.
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

You would be right to be concerned. Regardless of how you may see it, you were terminated for having foreign substances which appeared on the test. That creates a direct 'for cause' basis for termination. If someone is terminated 'for cause', unless the employer agrees to not challenge the unemployment filing, the employee is not eligible for benefits. Benefits are generally provided only to those who are terminated 'without good cause', meaning as a layoff or as other reasons beyond their behavior or action. This is not one of those options which is why it may be prudent to contact the employer first, find out if they will contest, and if they will, avoid filing. If they agree to not contest, get it in writing, just in case.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
what's unfair is that they wrote n termination letter that due to that, my work declined, and that's completely false! I grew the company to the point of becoming top 3% in the country! We just celebrated reaching diamond level. And to say that it caused loss to company is total nonsense! I have done a great job there and have been reviewed very well. Are you saying that I should ask them if they will allow me to get unemployment? or should i just apply and see what happens? I also don't want these records going anywhere, as I am a single mom and can't risk such information to be out in public.
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

If you apply for unemployment and claim that this was a layoff rather than termination, they can, as their defense, make the records of why you were terminated public in a sense that they can provide them to the state as proof of termination. If you want to avoid publicity, contact the employer first and make sure that they won't contest your filings. Otherwise you appear to have more to lose as currently it would appear that they would challenge and fight against your benefits, and make the reasons for termination public as well.

Sincerely,

Dimitry, Esq.