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I am a healthcare professional. I had fmla leave which

I am a healthcare professional. I had fmla leave which resulted in management retaliation for a month upon returning back to work. Then, 2 months later, I fractured my hand. I worked without restrictions, and never complained. 2 weeks later, my best buddy of 20 years died. I had a panic attack at work. I left 4 shifts for this. I was supposed to work this weekend. My manager asked to speak with me and then b had me sign a paper referral to EPA.(HR therapists) AND then she says that they will require a fit test before re-entry into work. This fit test required a drug screen. Unfortunately, after Aaron's wake, Mt friends of 20 years and I got together around a bonfire and smoked Marijuana. I hadn't done it since college. And now here I was in this meeting with a manager that dislikes me... breaking the news of a drug test.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: I failed. They fired me on the spot. North Carolina.JA: Is the employment agreement "at will," union, full time or part time?Customer: I was a full time employee for WakeMed in Raleigh NCJA: Anything else you want the lawyer to know before I connect you?Customer: I was an idiot and while sobbing- told the HR lady and the nurse that it was an idiot move at one of the lowest parts in my life. They know about the bonfire.

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Patrick, Esq.

Doctoral Degree

20,140 satisfied customers
CAN CONTRACT/1099 SERVICE TECHNICIANS BE DRUG TESTED IF

CAN CONTRACT/1099 SERVICE TECHNICIANS BE DRUG TESTED IF THERE IS CONCERN OVER SAFE DRIVING OF COMPANY OWNED VEHICLES LEASED TO THEM?JA: Can you tell me what state this is in?Customer: TXJA: Is the employment agreement "at will," union, full time or part time?Customer: AT WILLJA: Anything else you want the lawyer to know before I connect you?Customer: QUESTION STEMS FROM BOTH GENERAL BEHAVIORAL CONCERN AND BOTH ACCIDENTS THAT HAVE HAPPENED AND, PERHPAS MOST IMPORTANTLY, TO ENSURE DRUG FREE 1099'S LEASING/OPERATING COMPANY OWNED VEHICLES AND EQUIPMENT...

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Patrick, Esq.

Doctoral Degree

20,140 satisfied customers
I have an employee who was report of using opiate injection

I have an employee who was report of using opiate injection but she had a negative urine test after 3 days that was reported. I asked her to have another test that using her hair for the test.... She agrees to go. What do I expect from the test if it is positive? the dilemma is she had a hairtransplant in January and hemorrhoid procedure in March. what right do I as an employer or her as an employee has?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

53,390 satisfied customers
Currently, drive for a trucking company. Last year I was

Currently, drive for a trucking company. Last year I was hospitalized while I was on the road. I had to take the truck to a dealership to get a repair done. I ended getting hospitalized and woke up at the local hospital after having no memory of how I got there much less getting to the dealership. The hospital was a county over from where I actually live. I had someone pick me from the hospital the following morning. My trucking company was angry at me and accused me of being on drugs. I was drug tested at the hospital did a drug screening at a local urgent care two days later as my company asked. All came out negative of course. I ended up getting hospitalized for a week a few days later after being home. I was out driving for a few weeks and my company ended putting me on short term disability once they discovered their mistaken assumption.Here comes my legal question. They came and got the truck from the dealership while I was out for a few weeks. They did not tell me they were doing this and I had all of my receipts in the truck as well as my belongings in there. I need those receipts to do my taxes which I have not filed yet (got an extension). I am wondering what legal measures can I take if any since those documents that are needed to file my taxes are now gone?

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Ray

Lawyer

Doctoral Degree

42,928 satisfied customers
I was fired recently for not meeting the minimum level of

Hello... I was fired recently for not meeting the minimum level of performance (in terms of units of service) required for my job (an outreach mental health counselor). Is there any chance that I could be granted unemployment benefits?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: New JerseyJA: Is the employment agreement "at will," union, full time or part time?Customer: Full Time, no union, "at will"JA: Anything else you want the lawyer to know before I connect you?Customer: My termination date was yesterday, actually, 4/18/17.

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Gerald-Esquire

Juris Doctor

7,162 satisfied customers
I went to my supervisor asked for some time off to get help

I went to my supervisor asked for some time off to get help for a drug problem they fired me the day before I was supposed to go on leave is there anything I can do about thatJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Indiana I was going to go on flma for leave but there resone of firing me was insabordinationJA: Is the employment agreement "at will," union, full time or part time?Customer: fulltimeJA: Anything else you want the lawyer to know before I connect you?Customer: they had me training a guy to take my position while I was on leave knowing I was under the influence

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John

Attorney

Doctoral Degree

9,306 satisfied customers
I already asked a question and am trying to get to my answer

hello. I already asked a question and am trying to get to my answer on my account.JA: Sorry about that. I must have missed it. Could you tell me again?Customer: I live in new jersey. I work in health care. We do not have proper management at this time. We lost a director and 2 supervisors. We have one supervisor who is trying to manage everything, but he is depending on people who are rotten, cause problems, and create a lot of issues. I have been through discrimination, favoritism, nepotism, and cronyism. I realize this is all difficult to prove. About 6 years ago I was accused of smoking marijuana outside of my work. (different job) I went in front of the state board and was exonerated of all charges. I passed a drug test and they dismissed everything. Some people that I work with heard about this. Can they harrass and accuse me of anything pertaining to that?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: NJJA: Has anything been filed or reported?Customer: 6 years ago, it was reported...But I was exonerated and everything was dismissed and erased.JA: Anything else you want the lawyer to know before I connect you?Customer: Just what to know what my rights are. I was working in the NICU, last night. Me and a coworker had 11 ventilators and an oscillator. I had to attend a preterm delivery with a sick infant. I am not friendly with the people who they have in charge. They tried to pull my co-worker leaving me with unsafe working conditions. I have a doctor who called the charge person, but she did not answer. I am always afraid that these people will bring stuff up from my past to try to get me fired. I work hard and I am punctual and well liked by the doctors. I am hated by my respiratory department because I do not play the same games as they do.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,706 satisfied customers
I have been majorly retaliated against for reporting drug

I have been majorly retaliated against for reporting drug use at work. Now they have recently told me I'm of the schedule for reasons unknown. Who do I call/ what should i do first?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: WisconsinJA: Is the employment agreement "at will," union, full time or part time?Customer: Part time but working full time hoursJA: Anything else you want the lawyer to know before I connect you?Customer: I've made attempts to have meetings, the manager told the person who it was that reported, she let him work that very same night and up to 2 weeks later at the CBRF after i showed her video of him using drugs, he told a resident what I did and the resident ( being an ex-convict for attempted murder) threatened to kill me, nobody informed me of me being taken of schedule, nobody has called to tell me anything of why I'm not working my scheduled hours or why they were taken away.

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ScottyMacEsq

Doctoral Degree

24,238 satisfied customers
I am a teacher in NY employed in the same school district

I am a teacher in NY employed in the same school district for 22 years. I was arrested twice in November due to a domestic violence situation and charged with criminal mischief and violating a protective order. I have not been convicted. I have been accepted into a diversionary program and the charges will be dismissed.I have a diagnosis of bi-polar that is under control with medication and therapy. I have never disclosed my condition to my employer.4 years ago I had an unprofessional argument with the principal that resulted from a personality conflict and, in my opinion,months of mild harassment and bullying, along with completely ignoring me. She began a ongoing discussion with me - a topic I had reported to the union and thought was resolved. It was the last straw and I completely lost my composure with her. As a result of this brief "outburst" she thought I was drunk or high and called a crisis counselor, who removed me from the building, drove me to a local hospital for a drug urine test (negative), then told me to lay low for a few days. I was required to submit to psychiatric evaluation to return to work and was requested to sign medical release forms for my own doctors. At this point my employer became aware of my diagnosis.I was fortunate to find another position within the same school district for the following year and no longer work with this principal.The superintendent was notified of my arrest (by whom I'm not sure). He had copies of the police blotter that he said was sent to him. I was asked to meet with him. He removed me from the classroom saying I "could not be around children" and I was assigned to a central office department where I have been since.I am 59 years old and decided this would be a great time to retire so I submitted my retirement papers.Three weeks ago I was requested to submit to a fitness for duty evaluation. Based on my personnel file, that includes a 4 page memo documenting my 5 minute "outburst" with my previous principal, a January email to the superintendent from a woman in the Human Resources Department who said I was irritable during a conversation with her, and a discussion with my psychiatrist, the district psychiatrist recommended I was unfit for duty. He stated that since I was still "irritable", I needed to demonstrate 6 months of stability, submit monthly statements from my psychiatrist and weekly statements from a therapist to HR and be reevaluated for fitness of duty in August to return to the classroom in September.At the follow up to this evaluation today with the superintendent he again told me I "could not be around children" which I must say is breaking my heart - l love my job.He asked me if I still intended to retire (I can revoke my retirement request) I said yes.He then told me for the remainder of the year I was to submit statements in May and June from my psychiatrist and a therapist stating I was attending sessions as recommended by the district, m.d. and then I "will happily retire".Am I "unfit to be around children" because of my diagnosis or because of the arrest? I am assuming it is the arrest because for the past 4 years since the district has been aware of my disability I have remained employed without any problem.Why was I requested to submit to a fitness of duty eval if I planned on retiring in June. Was this in case I revoked my request?If I'm unfit for duty (teaching) would I have remained assigned to a central office position indefinitely?Is a domestic violence arrest grounds for removal from my teaching position since it had nothing to do with my performance at work? (Details of the arrests: I unintentionally broke the glass top of a table during an argument with my spouse by slamming my glass of water down on the table and the police were called. A protective order was issued against me and I foolishly returned to the house to retrieve my dog. My spouse called the police again.)Is bipolar disorder grounds for termination since this seemed to be the focus of the doctor's report. He referred to my arrests as a "behavior problem", and stated I had a history of "some violence", I am assuming he was referring to the broken table. I am not a violent person. He stated "irritablity" is a symtom of bipolar and since an HR person reported I was "irritable" that my condition was not fully under control. He attributed my argument with my previous principle as an indication of 'Lack of impulse control" (another symptom of bipolar). He suggested that her fear that I was drunk was notable as alcohol abuse is a complication of bipolar disorder.The entire focus of the report was my mental health issue and had nothing to do with the arrests beyond stating that I had been arrested.Is it discrimination to use my mental health disability as a basis for fitness for duty? It is a separate issue from the arrest?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,706 satisfied customers
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