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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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I was terminated a random breathalyzer from a 3rd

Customer Question

I was terminated for failing a random breathalyzer from a 3rd party company.I was not even at work yet they gave it to me at 5 AM,at the Heliport going out to a Drill rig.Shell gave the test but I work for Atwood Oceanics,I have never seen or read Shells policy about Alcohol.Or I don't even know if the machine they were using was calibrated or was the Tech was certified.My company just went by word of mouth that morning.Like I said I have never even seen Shells policies or signed anything about this.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns. I am sorry to hear that you find yourself in this situation. What specifically can I help answer for you?
Customer: replied 1 year ago.
Can I go after them for improper termination
Expert:  Dimitry K., Esq. replied 1 year ago.
My apologies but you cannot. For you to claim that this was 'wrongful termination' you must claim or show that the termination was caused due to factors such as your race, age, gender, creed, national origin, religion, sexual orientation, or disability if any. Their termination of you, whether or not it was properly for cause, is lawful. The difference is that if you were not intoxicated and the test was wrong, you can claim that it was 'without cause' and permit you to seek unemployment benefits. But if you were intoxicated and the test was proper, then this was a proper 'for cause' termination since the employer can assign the duties of testing to a different third parties. Of course you can potentially sue the third party tester, attempt to get copies of your results, and get copies of their calibration, but it would be a suit against them solely, and for damages, but not against you main employer. As far as policy, I am unaware of any company that permits drinking (if you were indeed intoxicated) unless you are working at a bar or are a wine taster. So arguing that you were not told that you couldn't drink while working is probably not a very persuasive argument. Sincerely, ***** *****