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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116716
Experience:  20+ Years of Employment Law Experience
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I am turning 59 years old next week. I worked years in las

Customer Question

I am turning 59 years old next week. I worked for Clearpaper for 8 years in las vegas nv with very small issue that were not a real issue and really no problems ever. I transferred to the mill in Arkansas City to get closer to my family. I worked here with no problems under my boss here that retired last year around October. I have been very mistreated by the Maintenance manager right after my boss left. I was wrote right away for a small cost over budget on 2 jobs that the Supervisor was in the middle of with me and he had me to do these himself. He did not get wrote up and I have several event where I was single out in meeting that several people seen. The new person he hired to be our boss falls right into his hands. I have seen bad reviews and told i was not giving him what he wanted several times and don't know how to tells me what he wants anyway. He talks me down and tells me 1 planner is what he needs and he is pulling toward the other planner who is older than me. I seen what was coming as well as others seen too. How I was treated. I am a down day planner and the other planner is the day planner. He and I work together great and he supports me on what I did. I had pretty well be ignored from my boss for the last few weeks and I could see the distance and it told me something was going to happen soon. I just finished up the planning on the downday that was 2 days away. I was happy that I was about done. I came in to work a little late that morning as several others do the same all the time. I work through lunch everyday as I have the most stressful job in my group. well I came in happy was going to see my boss to ask if he had approve all of my req. for all the parts and contractors. he came out of his door as I did and ask me to go with him. we when into a office were I had help the person there several time so I ask Rick what could I do for him and he had nothing. I look at my boss and ask him how was he doing today. he said he was doing ok so I ask them what could I do for them. He told me drug test me. That hit me wrong from him since he had never said a good thing about me ever. All I had ever felt was he was looking for away to get me fired. I told him I had had enough and my stress went over board from that. He had no reason to do what was trying to me. I told latter that he was very wrong for that. But now I am home and without a job. I rejected him and he never offer me any other way and he told them I would not test and that I quit. He told me to get my backpack and go home.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am sorry to hear this has happened. Legally the employer can drug test an employee for random testing or reasonable suspicion testing. An employee cannot refuse a drug test for either of those reasons. If the test was not for either one of those reasons you had legal cause to refuse the test and you have legal cause to then sue the employer for invasion of your privacy and retaliation and wrongful discharge for trying to make you take a test for other than a valid reason. If they did have a valid reason under their policy to test you and you refused to take the test no matter what your reason, I am afraid that is good cause to terminate you and to even deny your unemployment benefits.

At this point, if they did not have a reason to test you pursuant to your employer's policy, you need to hire a local employment attorney in Arkansas immediately and pursue a claim against the employer in court as well as pursue your unemployment benefits for their conduct.