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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 2182
Experience:  Practicing Attorney with 10 years experience
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Wondering if I have a valid claim, I was working at a local

Customer Question

wondering if I have a valid claim, I was working at a local Pizza Hut and had been employed for almost 2 yrs and they asked me to move into Management and I agreed and I just found out that a drug screen was not required since I had been working there longer than 9 months but the reason they decided to do one for the promotion was because of some stuff in my past and I came up positive on the drug screen but I questioned the positive result and asked for a 2nd test which they refused and I was dismissed from work and I filed unemployment and was granted benefits because the company could not provide proof that my test was in fact positive in the first place, do I have a case?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Asad Rahman replied 1 year ago.

It would be tough to say you have a claim because most employment is at will meaning a person can be fired at any time with or without cause. The only basis for which you might have a claim is their refusal to give a second drug test. They obviously thought you were doing a good job hence the promotion. They will argue that your prior history made them think this drug test was accurate. Even though I think you were treated unfairly I do not see a basis to say you were treated illegally. I am happy to talk via phone if you like in case there is some aspect I am missing.