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The formen at my job gave me a drug test. With an over the…

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The formen at my...

The formen at my job gave me a drug test. With an over the counter test cup 4 panal coke meth thc and bardetiuals. It tested positive for three all but coke. Now keep in mind the formen that gave me the drug test does not like me at all. And he just hired one of his buddies. Which me and his buddie was layed off except some one was off hurt a week. And his buddy did not get laid off and i did for a week. He told me i could go to a healthcare provider down the road but id have to pay for it and it was 500$. So i left cause he said i was fired. On the way home i call the place he said i could go and it would cost 500$ he said. It was 45 so i went. Instead of a 4 panal test i took a dot drug test and payed it my self. I know i passed cause i dont do drugs. Can u please help me. I think i was wrongly fired. He didnt go by no rules drug test n me. He maid me pee in front of him jumped my butt when i flushed the stall he has cussed at me 2 or3 times befor this.

Lawyer's Assistant: Was the drug test discussed with a manager or HR? Or with a lawyer?

I think he discussed it with management he said him and the other 2 employes took one the day befor i was off cause i had to go to court. And as far as i know he gave all the drug tests for all 4 of us

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

It ate union i was work n for a contractor at southern coal handlers in Calvert city ky and it is union but the contractor i worked for is not we are all paid by the hour

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

How can i clear my name at the coal terminal were i was work n. Because the company was fix n to hire me.

Submitted: 3 months ago.Category: Employment Law
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Answered in 3 hours by:
3/22/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 3 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,893
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the employer did not follow their own drug test rules and did not follow the testing guidelines of DOT, then your first step is filing your unemployment claim and when the employer seeks to deny benefits you would prove that the test they used was either faulty or they intentionally lied about the result. Second, you would need a local attorney, but you have legal grounds to sue not only the employer, but if the test itself is found detective you can sue the company that made the test as well for damages.

So you have multiple claims you can bring on this false test result and you need to start with both filing an unemployment complaint plus using a local attorney to sue the employer and likely the test manufacturer as well.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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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).

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