Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I had an accident at work and prior to going to the hospital…

Customer Question
I had an accident...

I had an accident at work and prior to going to the hospital I notified my supervisor, my store manager, that if I were tested it would come back as hot for marijuana. I was not under the influence at the time of the accident but they chose to test me with a urine test not a blood test which of course came back positive since it had been less than 30 days from when I inhaled. The company guideline states that I could be discipline, up to terminated. Others in the company have violated other rules that call for immediate dismissal and yet these employees are still employed with the company. Do I have any recourse?

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

I'm searching for a lawyer. I filed for unemployment and was denied and have a hearing coming up. My immediate supervisor and his supervisor are trying on their end to get me rehired but so far nothing has happened.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm not sure. I can provide you or him with the information on the other issues that have been overlooked. not sure what else I need to provide.

Submitted: 4 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 3 minutes by:
3/16/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 13,406
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

Have others come back positive on a drug test following a workplace accident?

How do you differ from these others? Race, religion, gender, age (over 40), disability or recent FMLA use?

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
Don't know
Customer reply replied 4 months ago
I don't have any money to do this, I am unemployed. Thanks, ***** ***** this now!
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago

Take care.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 13,406
13,406 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,406 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I worked 11 years company. made my way up to assistant store
I worked 11 years for a company. made my way up to assistant store manager. within the last year they put the 3 of us 1store manager and 2 assistants on the companies drivers list. We were ordered to … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
employed for 21 years at the same company, was not a safety
employed for 21 years at the same company, was not a safety sensitive employee, yet was made to take a random drug test during working hours at the company site, no confidentiality, waited in line wit… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,406 satisfied customers
I was told I refused other testing by the company that adminster it by my manager which is
I was told I refused other testing by the company that adminster it by my manager which is untrue.I had 24 hrs to take test. I was admitted to hospital the next day before 24hrs was up… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can an employee be terminated for showing up under the
Can an employee be terminated for showing up under the influence of marajuana even though they have a medical marajuana card? Additionaly, could I drug test this employee and terminate them if they te… read more
BizIPEsq.
BizIPEsq.
Employment Technology & Business Lawyer
Doctoral Degree
375 satisfied customers
I recently got hurt at work and got checked out at the Emergency
I recently got hurt at work and got checked out at the Emergency Room by a physician. They required me to take a drug test. I knew I was going to be positive for marijuana and tried to provide a sampl… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
In alaska wallmart employee wanting to appeal termination.
In alaska wallmart employee wanting to appeal termination. 21 y/o working in the milk/egg cooler for about 4 hours into his shift inadvertantly bumps head and tries to follow company rules by reportin… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,406 satisfied customers
Can an employer in Indiana fire you from your position if you
Can an employer in Indiana fire you from your position if you fail a post accident drug test, if you are enrolled in drug treatment program?… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
Can an employer fire you for a drug test that was done at a
Can an employer fire you for a drug test that was done at a hospital for medical purposes and showed that it was positive? Can they take that urine sample to another facility to have it tested even th… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
My grandaughter was self medicating and doing marijuana because
My grandaughter was self medicating and doing marijuana because of an extreme family crisis, she realized that she was becoming addicted and began missing work, when she became very ill at work she ad… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
If I was not told I was fired but then told I refused a drug
If I was not told I was fired but then told I refused a drug test witch I did not( have proof from safety director) I am now with no job and they are denying me unemployment. I never quit and they wer… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
My boyfriend was released from a temporary position because
My boyfriend was released from a temporary position because they claimed he did not pass a random drug test. When he went in for the test the testing company asked him if this was a pre-employment tes… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,406 satisfied customers
I live in West Virginia and work at Elkins Mountain School.
I live in West Virginia and work at Elkins Mountain School. They have no random drug policy. The only policy they say they have is the federal drug policy. I work as an accounting clerk and help out a… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
My boyfriend works for a cable company and recently reported
My boyfriend works for a cable company and recently reported an incident to his supervisor. He injured his finger when operating the ladder and just wanted to inform his supervisor in case the pain go… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
Terminated for refusing to take a drug test. When I inquired
Terminated for refusing to take a drug test. When I inquired if there was a way to get back my job I received a letter stating that meeting specific requirements and depending on the company need, yes… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I am a commercial truck driver currently under a pain management
I am a commercial truck driver currently under a pain management doctors care while in physical therapy for a neck injury but still working. Care paid for by workers comp. What happens if I am selecte… read more
Faye Lee
Faye Lee
JD and MBA and Masters of Law
1,416 satisfied customers
employer gave a drug test he purchased at wallgreens I have ...
employer gave a drug test he purchased at wallgreens I have been let go from my job because he said I failed the test so I started to collect unemployment and now they are giving me a telephone hearin… read more
Faye Lee
Faye Lee
JD and MBA and Masters of Law
1,416 satisfied customers
i WAS SUBJECTED TO A RANDOM DRUG TEST. i USED SYNTHETIC ...
i WAS SUBJECTED TO A RANDOM DRUG TEST. i USED SYNTHETIC URINE TO PROTECT MY PRIVACY,AS I HAD CONSUMED MARIJAUNA THE PREVIOUS WEEKEND. tHE SAMPLE WAS TOO HOT,THUS IMEDIATE FAILURE. i WAS SENT HOME AND … read more
Family Physician
Family Physician
Doctoral Degree
140 satisfied customers
what are the guidelines for testing a group of employees in ...
what are the guidelines for testing a group of employees in the same room? Also, when a drug test lab gives your results to the HR manager, is said manager allowed to tell your immediate supervisor wh… read more
Family Physician
Family Physician
Doctoral Degree
140 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x