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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19075
Experience:  Employment/Labor Law Litigation
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My employer told me that I'm not allowed to go back to work

Customer Question

My employer told me that I'm not allowed to go back to work because I tested positive for Codeine that was prescribe to me by Doctor that I got in workman comp claim against that employer but because I'm a diesel mechanic and DOT card they are not firing me but don't allow me to work and now I went back to the Doctor and he won't give me DOT card because the VA prescribe me Xanax and Ambiam and now the another reason my employer won't allow me to work
Submitted: 9 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 9 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

I'm sorry, but I'm not sure what your question is here.

Having a prescription for a medication does not mean that an employer is required to allow you to work while on that medication. This is particularly true for jobs that require DOT cards, because such just are regulated by the government, involve trucks or heavy machinery and, therefore, require an individual to be drug free.

Your employer had not only the legal right, but obligation to disallow you to work while testing positive for codeine.

Your doctor is also bound by federal law in the granting of a DOT card and if your doctor can't do so based on your current VA prescriptions, that isn't an act of discrimination (though I'm sure if feels discriminatory to your situation). it is simply compliance with federal law.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Customer: replied 9 months ago.
My question is can they fire me
Expert:  Allen M., Esq. replied 9 months ago.

They can certainly fire you after a specific period of time. Being on Worker's compensation doesn't actually protect your job. The Family Medical Leave Act does, but it has limitations. It only covers 12 weeks of leave related to medical conditions. If you've been out of work, due to the prescriptions, longer than 12 weeks then yes you could be terminated.

Expert:  Allen M., Esq. replied 9 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.