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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111526
Experience:  20+ Years of Employment Law Experience
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I was accused of drinking on the job, but there was no blow

Customer Question

I was accused of drinking on the job, but there was no blow test done. They have pulled me off work until further notice.. I've been in a workers comp claim for the past 10 months with avoidance strategies on the company fault. Is this an attempt to get me off the payroll to avoid my claim? What do I need to do?
Submitted: 7 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the company is trying to avoid paying your workers compensation and you have some evidence this use of alcohol claim is just one more way for them to avoid the workers compensation claim, then you need to file a complaint with the state workers compensation division regarding harassment under workers compensation. You should, if you do not already, have an attorney because you really need to file suit against them to collect your workers compensation as well as now filing for harassment based on workers compensation claim for them trying to claim you were drinking without any proof at all regarding that allegation.
Customer: replied 7 months ago.
Well. I had to coworkers say they think I was drinking. I was totally fatigued as we had a hotel room so warm none of us got a good night sleep, in top of that we had a 5hr mechanical delay. This is an airline job. By the time we completed our trip I was wayyyyyyyy fatigued and had trouble with announcement. Asked if I was drinking said no way. Drilled further I said I maybe needed a drink, but did not!
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your reply
The co-worker saying they "THINK" you were drinking is NOT actual evidence. The employer needs actual proof you were drinking. If that is all the evidence the employer has it is not sufficient.
Customer: replied 7 months ago.
I have never taken off work for the injury, but the care has been stretched out & I've had to wait 6 to 8 weeks when a referral is made to specialty doctors. The last time I got a referral for specialty pain management doctor; it took 2 months to get the approval, which nobody bothered to inform me of. Then when I called the office to schedule my appt I was told that the doctors had reviewed my files and decided they did not need to see me.. That was 2 weeks ago & I am now accused of being drunk on duty! I'm not sure it is related but it feels lucrative to me.
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your reply.
It seems to be retaliation and harassment based on your workers compensation claim, which is what I said above. At this point, because of the situation, you really should consider using a local workers compensation attorney to pursue your workers compensation claim and to also file a retaliation complaint as well for this bogus allegation without any evidence.