Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

I after 15 years with the same company, 7 of these in a mid

level management position, I was...
I after 15 years with the same company, 7 of these in a mid level management position, I was notifies that I had failed a random UA test. I was demoted and placed on unpaid leave.
is it possible to file a complaint on the lab that reported the positive sample? There are many documented and witnessed events where this lab ignored the simple quality control rules.
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 3 minutes by:
9/20/2013
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,430
Experience: Employment/Labor Law Litigation
Verified
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

Yes, can certainly file a complaint based on a negligence theory that the lab failed in their responsibility to meet the requirements of quality control. As a result, they caused you to lose your job.

Now, you'd have to establish a duty to you, which is a bit more difficult as the duty is really to the employer. Your argument is more equitable in nature.

Additionally, proving negligence in a lab is really difficult. You'd have to have an expert witness testify on your behalf to prove that the methodology and procedures were compromised to the point that the lab was irresponsible in reaching any conclusion on the tests at all.
Ask Your Own Employment Law Question
Customer reply replied 4 years ago


I forgot to ask you where or who would I file a complaint with?


 

This is a stat law claim. So, you're not talking here about a complaint with a government agency of any type. It's a straight up state court lawsuit.

So, you'd have to hire a local employment law plaintiff's attorney or a personal injury attorney to file a complaint in state court alleging the tort of negligence on the part of the lab, with your damages being the loss of the job.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,430
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,430
19,430 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

19,430 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
Employment Law - NC A company has 15 employees. All
Employment Law - NC A company has 15 employees. All employees are considered fulltime and on salary with includes a certain amount of PTO each year. If an employee takes off more days than he has PTO … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,286 satisfied customers
In Arkansas, under Arkansas EMployment Laws and under the
In Arkansas, under Arkansas EMployment Laws and under the laws of the US Dept of Labor, is it legal to ask an employee that drives a company owned and insured vehicle to pay 1/2 or all of the deductib… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I m looking for employment law attorney. Full time with
i had to resign after PIP would like to file age discrimination case, has worked here more than 7 years… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a question about employment law. At will Full time.
The person accusing me texted me that they were contacting my boss… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
Employment Law: Mandatory training. If required or mandatory
Employment Law: Mandatory training. If required or mandatory to complete. I am an hourly employee and management expectst that we complete while working our shift or is this something that should be p… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I'm looking for an expert in both "employment law" and
I'm looking for an expert in both "employment law" and "criminal law," for I'm not sure whether my question falls under the "employment law" category or the "criminal law" category or both. On Sunday,… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
This is about employment law. No, that is not necessary or
full time and our contract does include a non compete clause … read more
Damien Bosco
Damien Bosco
3,370 satisfied customers
I have a California employment law question. is there
I have a California employment law question. is there someone that can assist? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question about employment law in Texas. My employer
Hi! I have a question about employment law in Texas. My employer is asking me to sign a blanket wage deduction agreement that makes me feel a little uncomfortable. I just want to make sure they can le… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,131 satisfied customers
Are you familiar with employment law in Arizona? Full time /
wrongful termination, sexual harrassment misconduct/cover up, hostile work environment, retaliation.....hi-profile employer, out of fear and fiancial panic, took severance and signed. first, any severance in hospitality is unheard of....employer offered me two months, i countered at 6 months and then agreed to five months because of financial situation...to me, this reeks guilt?....can i still pursue complaint with EEOC? I have multiple witmesses to sexual misconduct and did in fact inform management....too much too type...ugh … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
Employment law in Florida. I had an agreement with my
Employment law in Florida.I had an agreement with my employer to get paid for the mileage expenses. Employer says that the request is for 2016 and refuse to pay now that I don't work there anymore. Wh… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,290 satisfied customers
I have employment law related question from an employer
I have employment law related question from an employer point of view. This is to do with California EDD.… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
980 satisfied customers
I have a question about employment law and wrongful
I have a question about employment law and wrongful termination. I was fired because of the content of a recorded conversation. I did not consent to any recorded conversation or audio devices in my place of work; they were hidden. I am wondering if I was wrongly terminated. (I am in california, by the way) … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question about employment law. It is an story that
It is an long story that started years ago. I have resigned my position because of how this person has treated me in the past (which was documented with HR), however, I haven't documented the incident that made me decide to resign. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
Need advice on employment law/wrongful termination. At will
Need advice on employment law/wrongful termination … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,290 satisfied customers
I was trying to fine specific employment laws for but im
Hi there! I was trying to fine specific employment laws for virginia but im having trouble. I was issued a summons recently for serving alchohol to a minor, I did ID him but I read it wrong. This resu… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,182 satisfied customers
I'm looking for an employment law attorney who works in
I'm looking for an employment law attorney who works in central Illinois. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I believe that the "at will" employment law is an advantage
I believe that the "at will" employment law is an advantage for the employer and disadvantage for the employee. Do you agree? Is there a chance that it will some day be eradicated?… read more
Michael Bradley
Michael Bradley
JD
1,191 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x