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RESPONDER9, Employment Lawyer
Category: Employment Law
Satisfied Customers: 389
Experience:  Attorney with more than 20 years of expertise.
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I am on the verge of being terminated due to positive

Customer Question

I am on the verge of being terminated due to positive breathalyzer test. There are a few things I don't agree with when it comes to how clear our policies are when it comes to our company alcohol policy. We have a 9hr cut off as to when we stop drinking and it is a rule I followed. Come to find out. Someone of my size can have alcohol in their system for 13 or more hours depending. I unfortunately never realized it could be that long at all and so I blew positive. Our policy does say you will be terminated if intoxicated. But if you go to work without any knowledge of this, I am trying to fight it. I will get an answer tomorrow.
I wanted to know if I should pursue legally if terminated.
Thank you for any advice you can provide
Submitted: 1 year ago.
Category: Employment Law
Expert:  RESPONDER9 replied 1 year ago.

Hello and I am very sorry to see this has occurred. You are correct that alcohol testing can be inaccurate at times. There a few possibilities for you. One is to contact your union if you have one to ask their help. Another is to try your human resources department to explain. If terminated, you might have an argument that the employer failed to follow the same rules for all employees and this resulted in discrimination toward you. This is very difficult to prove but not impossible. Hope this helps?

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