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Nishan Parlakian
Nishan Parlakian,
Category: Employment Law
Satisfied Customers: 56
Experience:  Principal at Consumer Law Office of Nishan Parlakian, Esq.
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My husbands employer of 17.5 yrs fired him for not taking a

Customer Question

my husbands employer of 17.5 yrs fired him for not taking a drug/alcohol test after a trucks windshield was broken on his worksite, no one else has ever been asked to do this after a work site accident where no one was hurt. what recourse does he have?
Submitted: 2 months ago.
Category: Employment Law
Expert:  Nishan Parlakian replied 2 months ago.

Hi, my name is ***** ***** I work with employment law issues. I'm sorry about the trouble. Let me ask you, do you or he think that there is something else at work in this case? For instance do you think that the work place or his bosses have a bias towards him because of his ethnicity, religion, age, anything like that. Second did the company specifically indicate that the were suspicious of the circumstances of the broken windshield? Was a police report filed. These questions are important because it will determine whether federal law or state law would implicated. If you think there is a bias then Equal Employment Opportunity Commission EEOC can be involved in trying to determine if your husband should reemployed, be given compensation or if there is no issue. Generally companies are free to hire and fire for almost any reason or for no reason at all. So if you want please let me know a little more and I will try to advise further.

Customer: replied 2 months ago.
he is going in for back surgery next week and he is 1.5 yrs away from retirement with this company. as far as i know no police report was filed. was just reported to corporate and they are in alabama- current mgr told everybody to go to concentra for a drug\alcohol screening. in gregs 17 yr history with this company no one has been told in these conditions to do this.
Expert:  Nishan Parlakian replied 2 months ago.

This smells a little fishy to me that Greg was fired so close to retirement. It would not be the first time a company used an excuse like not taking a drug test to fire someone so close to getting benefits. The question would be did Greg refuse to take the test or just not get around to it? One would expect that a 17 year veteran of the company would be given ample opportunity to take the test. Unfortunately there is no traction with the argument that the company never asked prior for people to be tested. I believe the company would be within it's rights to require testing. So if it were me I would definitely contact the EEOC in your area and file a claim. If the EEOC determines you have a valid claim they may sue the company or advise you that you have a colorable claim that an attorney might take on contingency. The reason would be unreasonable discharge on the pretext of not taking a drug test. The real reason would be that the company did not want to pay benefits. Check on google for the office.

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