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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20357
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Recently at my job narcotics have been missing. The first

Customer Question

Recently at my job narcotics have been missing. The first time no action was taken. The second time two weeks later they called me in and from there I took a drug test. Pending results I was suspended. I was called back to work 4 days later because my test was clean. When I was back at work I found out only 3 nurses had been tested. There had been at least 7 different nurses on that med cart. I was tested on Friday being told that's when they found them missing. In actuality they knew on Wednesday. Is this legal to test me when I had not touched that cart for at least 3 weeks prior and knowing I had not touched that cart before the drugs were missing. On top of that to test 3 nurses and let the rest go? All 3 of us were clean. I feel like I was singled out. They knew I had not touched that cart. Help
Submitted: 2 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 2 years ago.


Thank you for the information and your question. Although I can't second guess the employer's actions since I don't have the facts they have and don't have their rationale, I can say that if the employer violated their own drug testing policies you might have a claim against them. Also, if you, and the other tested nurses were members of a protected class under employment discrimination laws and the non-tested nurses were not, there might be a legitimate discrimination complaint that you could file with your HR Department. Then, if they did not resolve the complaint, you could file a complaint with the EEOC.

Please feel free to ask for clarification. I would be glad to assist you further if I can.

Expert:  Marsha411JD replied 2 years ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 7th. For some unknown reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at:

Thank you.