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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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My husband got s finger smashed at work on Saturday due to

Customer Question

My husband got his finger smashed at work on Saturday due to an employee dropping their end of the steel rod on floor. His team leader seen his smashed finger, he told the team leader what happened. He bandaged his finger up and came home. On Sunday morning he went back into work. He proceed to change the bandage at work, but when he got the bandage off the bleeding would not stop. He then told the team leader that he was going to go to the hospital to get it checked. He ended up get 10 stitches in his finger.
So on Monday morning after being at work for a bit they said he had to go to their doctor to give a piss and breathalyzer test. He told his team leader that its not right since it happen on Saturday and he drank a bit on Sunday night. So he went. He had to wait for some time til he got called back. When he finally got called back they asked if he had anything in his mouth. He told them yes he had a halls in his mouth. The nurse than said he had to wait for 15 mins and not to drink anything that she would give it a little time since he had a halls in his mouth. He blew.12, he told her that isn't right. So she gave him 15 more mins. He then blew a .09. He could still taste the halls in his mouth still the second time around.
They wouldn't let him drive back to work and had Doug (safety guy) come and pick him up. They were both talking about it on way back. Doug told him he didn't seem drunk. He then told my husband that they have left different employees take voluntary piss tests or rehab in order to keep their job. He when went to HR person, and they fired him on the spot.
The person who caused the accident didn't have to go do the piss or breathalyzer. Does he have a case for wrongful discharge. Does he have any options?
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.

If I may ask, did your husband check the ingredients of the Halls to see if they had any alcohol in it?