If an employee tests positive for a drug screen in is the
If an employee tests positive for a drug screen in virgin is the employer allowed to share the results with a social work licensing board or another employer JA: Because employment law varies from place to place, can you tell me what state this is in? Customer: ******* JA: Has anything been filed or reported? Customer: Drug screen results were sent to a lab and will be sent to employer JA: Anything else you want the lawyer to know before I connect you? Customer: No
I was picked for a random drug test and showed marijuana
I was picked for a random drug test and showed marijuana use. I did not or have never used while at work. I was terminated and told that I could not apply for that company again. this was 1/31/17. Is there anything I can do About this?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: This was in Nevada at Silver Standard Resources.JA: Has anything been filed or reported?Customer: I tried to file for unemployment but was told that was not possible because I had failed a U/A for marijuana.JA: Anything else you want the lawyer to know before I connect you?Customer: Not that I can think of.
10 June 2017 01:26, I have a quick follow-up situation to
10 June 2017 01:26Patrick,I have a quick follow-up situation to our prior discussion. I am inserting it here as a new question as you requested.I was able to get the confidentiality & policy agreement from this prospective employer, and it contains a non-compete clause that is quite onerous. It is shown below. Do you think I should sign this? Is this really enforceable? How should I handle this situation? Keep in mind that I haven't signed the offer letter yet, so I can turn down this offer and move on, although it is a good job.Note: I am a healthcare data scientist, and I will be performing data science services in this job. QuintilesIMS is a healthcare data company and contract research organization that works with pharmaceutical companies in drug development and other areas. It is a very large company with 50,000 employees in over 100 countries. If I were to leave this job, I would pursue another healthcare data science position somewhere in the U.S. as I am a healthcare provider with significant experience and recent training in data science. Whatever position I pursue next, it is entirely possible that I will be at least indirectly competing with QuintilesIMS in some way.Non-Compete Clause:During the term of my employment with QuintilesIMS, I agree I will not, without the prior written consent of QuintilesIMS, manage, operate, join, control or participate in the ownership, management, operation or control of or engage in any business or perform any service directly or indirectly in competition, anywhere in the United States or Canada, with the products and services of the QuintilesIMS Companies, or have any direct or indirect interest, whether as a proprietor, partner, director, officer, employee, creditor, stockholder, consultant or in any other capacity whatsoever, in any enterprise in competition, anywhere in the United States or Canada, with the products and services of the QuintilesIMS Companies. Ownership by me of less than two percent (2%) of the issued and outstanding shares of capital stock of any company listed on a national securities exchange or quoted by the National Association of Securities Dealers Automated Quotation System shall not be deemed to be competitive hereunder. The terms set forth in this paragraph shall remain in effect after termination of this Agreement in accordance with the following: (1) if my term of employment with QuintilesIMS is less than ninety days, my agreement not to compete shall survive termination for a period of six months, and (2) if my term of employment with QuintilesIMS is ninety days or more, my agreement not to compete shall survive termination for a period of twelve months. In the event I enter into an agreement with an QuintilesIMS Company subsequent to the date below, which agreement restricts me from competing with one or more of the QuintilesIMS Companies (the “Subsequent Agreement”), the Subsequent Agreement shall control over the terms of this Paragraph to the extent there is any difference in the terms of the respective agreements.Thanks for your help.
I am in Indiana and I am a disabled general surgeon. I have
Hi, I am in Indiana and I am a disabled general surgeon. I have a severe autoimmune disease. I went into an ER after calling ahead of time to ask if they could draw blood for labwork from my Port ordered by a Rheumatologist at Northwestern. I was told by the charge nurse that they "would be glad to do it if I would agree to be seen by the doctor and check in as a patient." Initially, I said that sounded a bit extreme, but then I thought that I'd been having such bad arm pain that had gotten worse that I would go ahead and do it so I could have an ultrasound and x-ray of my arm because I didn't think I could stand it any longer and I was worried I might have another DVT in my arm, as I had previously had. I went to the ER and a PA came to see me. She was really rude and basically told me that the ER was for people with serious medical problems and that I shouldn't be there and that they probably wouldn't draw the blood from my Port-a-cath. This made me upset and I just kind of snapped and said that I was the last person that needed a lecture on what an ER was for since I'd spent 20 years working as a surgeon being in the ER all of the time. I told her that we, as health care providers, don't really understand how hard it is to be a patient with a chronic illness, and that on top of it, my problem is rare, and nobody knows about it, so they just assume nothing is wrong and they think I'm making it up or seeking drugs. I told her I'd been in her shoes, but she'd never been in mine and she didn't understand. I told her I needed to see a doctor because maybe that person would know more about my illness. She got mad and went out and slammed the door. A very angry ER doctor came in and started yelling at me and told me that I would be respectful in his ER and I would treat them with respect. I said that I hadn't been treated with respect. He grabbed my arm, as if to examine it, but he was so mad that he grabbed it violently and a week later I still had a bruise with his finger prints in my arm. I told them I just wanted to leave and never mind. At that point he said I couldn't leave and he was going to admit me and hold me on a 72 hour pshyciatric hold because I was suicidal. I said why would someone that was suicidal come to an ER asking for labs to be done and asking for an ultrasound of their arm so that they could get better if they just wanted to kill themselves. I really thought he was just joking and that this could not even be happening. But they did admit me and they took my phone and my clothes and I was strip searched by a man and everyone was incredibly mean to me as though I was a criminal and in some prison. And then, the ultrasound came back and showed I had a DVT in my arm, so I did have a life-threatening medical problem and I had a real reason to be there, after all of their yelling at me that I shouldn't be there. If I had just left, I would have gone out with a DVT and possibly had a PE and died. But I had to stay in a locked psychiatric unit and they put me on a drug and alcohol withdrawal protocol, instead of giving me some pain control regimen to help with the severe arm pain I had, and they did nothing that would even help a person that had a psychiatric problem. A doctor came by and finally released me after 2 nights there because he said he saw what had happened, but since I've left I've had severe PTSD from this event. I haven't been able to sleep. I've been crying and now I am depressed. I have 5 medical licenses, and now when I renew them, I am worried I'm going to have problems or not be able to renew them at all. I am sure I can forget about ever getting another job doing surgery after this. And no lawyer will help me with any type of complaint. It does not help at all to feel as though this is not a legitimate complaint when I can tell you as a physician that this was clearly a case of malpractice and misuse of the power to place a 72 hour hold on someone.JA: OK. To minimize me, please click the down arrow at the top right corner of this box.Customer: Did you get this or did I take too long typing?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: This isn't working very well because it isn't employment law issue, but I am in Indiana.JA: Has anything been filed or reported?Customer: No, I am in the process of typing up the complaint to file with the attorney general's office which is a requirement before a malpractice case can proceed and apparently one has 90 days to do this.JA: Anything else you want the lawyer to know before I connect you?Customer: I just became aware of a website from an Ohio lawyer that talked about using EMTALA instead of malpractice for problems with an ER doctor or hospital. I was interested in possibly using this if it is too hard to get a malpractice case for this in Indiana due to the Tort Reform passed here in 1975.
I am a retail associate at a major drug store chain.
I am a retail associate at a major drug store chain. Recently a remodel was done at the store that placed the cashier's workstation in a position where we have a very large window behind us. During the mid to late afternoon when the sun is directly above and behind us, it causes an extreme glare on our computer monitors which reflects the sun in our eyes. It is so bad that at times we cannot see what is on the screen without shading it with our hands or getting very close to the screen. A tint was put on the windows, but it is not dark enough to offer any relief. I have written a letter to our district manager requesting that this problem be taken care of, due to concerns of eye damage from the uv rays. I even suggested a very easy and inexpensive solution, covering the windows with graphics such as what the windows on the opposite side of the store have. So far nothing has been done. It is very unbearable to work under these conditions, and with summer approaching the problem is intensifying. It greatly upsets me that I am putting my eyesight at risk, as eye damage from the sun is permanent. I keep a pair of sunglasses on hand, but don't feel comfortable having to wear sunglasses in the checkstand. In Washington state, can I quit and be eligible for unemployment compensation due to these conditions? I have photos I can submit to you, showing how extreme these conditions are. Thank you for any help you can offer me.
I am a licensed clinical social worker. I was fired for
I am a licensed clinical social worker. I was fired for cause approximately 5 months ago. I am now able to seek (and have been seeking) new employment. Can I still apply for unemployment benefits?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: FloridaJA: 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: No
I am applying for a job with a company that I believe drug
I am applying for a job with a company that I believe drug tests and I take small amounts of medical marijuana legally. Can I be denied employment?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Is the employment agreement "at will," union, full time or part time?Customer: full time, but probably at willJA: Anything else you want the lawyer to know before I connect you?Customer: No
I work in California for an international securities
I work in California for an international securities brokerage firm. I'm in the process of going through a divorce and have become very depressed. I've tried and failed to maintain and uphold the duties of my job because of my depression. I would like to go on short-term disability until I can once again meet the requirements of my position.What steps should I take in order to go on disability and will my employer or disability insurance company require me to take a drug test?