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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 53842
Experience:  Licensed attorney helping employers and employees.
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I wanted to know if there was anyway I could get my job

Customer Question

I wanted to know if there was anyway I could get my job back. I was terminated for a positive alcohol test, but the immediate care that I was taken to did not ask if I had anything in my mouth. I had just put a piece of Dentyne Ice gum in only moments prior to taking a breathalyzer and had also just smoked a Marlboro Smooth (Menthol) Cigarette. I was under the legal limit but was terminated. Before I was terminated I asked if I could take further testing and pay for it out of pocket, I was told No that it would not help because they would go off of the positive test. I feel that I was Discriminated against because there is a male employee that has been complained on numerous times daily for smelling like alcohol but he has never been sent to be tested. I had made a sexual harassment claim against one of the people that said "I smelled like a brewery" and the other person that agreed was targeting me and harassing me and trying to get me fired. I had never been complained about or warned about smelling like alcohol, and I was not offered any kind of counseling, but the male employee was able to go through the counseling that our insurance pays for. I feel I was wrongfully terminated, harassed and discriminated against and I also have witnesses for the above mentioned issues.
Submitted: 2 months ago.
Category: Employment Law
Expert:  Infolawyer replied 2 months ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  Infolawyer replied 2 months ago.

Yes, you can seek to pursue reinstatement and/or a severance package based on apparent violation of policy, discrimination, retaliation and not adhering to internal practices.

Expert:  Infolawyer replied 2 months ago.
I am sorry this happened. I will do the following: 1. suggest options for pursuing a case 2. preparation tactics 3. way to find a local lawyer if you still wish to involve one but can save on fees by following steps 1 and 2
Expert:  Infolawyer replied 2 months ago.
You have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the attorney general office. You can threaten these options before pursuing and use for leverage. local counsel can also get involved! A lawyer letter alone can often bring about a settlement as the other side realizes that you are serious and gets concerned about its risk and legal fees.You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options. Good luck. Kindly rate me 5 stars.