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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118648
Experience:  20+ Years of Employment Law Experience
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I have been fired under the assumption that I was under the

Customer Question

I have been fired under the assumption that I was under the influence at work. I have been more than obligatory with the company as far as weekly drug tests etc. However they have failed to try and work with me on this. What should I do?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 5 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 5 months 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.
What do you mean about the tests? Did they test you before they fired you? Are you a union employee or under any other written employment contract?
Customer: replied 5 months ago.
I was drug tested upon hiring and I offered to take weekly drug tests prior. They refused but still terminated me
Expert:  Law Educator, Esq. replied 5 months ago.

Thank you for your reply.

Drug test before hiring is not the issue. The issue is did they test you before firing you on suspicion of being under the influence.

Also, please answer the questions I asked above.

Customer: replied 5 months ago.
No drug test before firing
Expert:  Law Educator, Esq. replied 5 months 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.
So your termination only on suspicion of being under the influence is considered legally without good cause.
I asked if you were a union or other written contract employee because even though your termination is without good cause, the employer does not have to provide you any drug testing as you are requesting and your termination is as an at will employee. An at will employee has very few rights in their employment and can be fired for no reason or for any reason not based only on their age/race/sex/disability/national origin and the only recourse you have is filing for unemployment if you are qualified.
So if they did not terminate you for one of those reasons above, your termination was a termination without good cause and if you are eligible for unemployment that is all you can file for. If the employer tries to deny unemployment claiming you were under the influence they would lose because they did not test you at the time so they cannot prove you were under the influence.
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