Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I was recently terminated from my job as a nurse. I was

I was recently terminated...

I was recently terminated from my job as a nurse. I was accused of stealing and had a false positive drug test.

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

HR and manager told me not to retake the test because i would be terminated regardless. Initially they said they wouldn't report to te board of nursing, last friday. Monday they called and said they would have to report me.

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

No\

Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
3/28/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,415
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

Ask Your Own Legal Question
Customer reply replied 29 days ago
I was accused of diverting narcotics as a nurse in an assisted living facility. I documented the drug given correctly. They suspected i stole because the resident did not remember taking it the next day. I was asked to do a urine test and was reluctant because i might have ingested a prescription from my significant other. The screen showed positive for drugs I have never taken and was terminated on those grounds. I was initially told I could retake the test three days after the initial test and would be ok if that one cleared. I was not able to retake the test and told later that retaking was incorrect. I asked to retest the false positive and was told I would be fired regardless but would not be reported to the board of nursing. Three days later I was called and told I would be reported. I don't know what my rights are and how to prove I never took was showed on the drug test.

Great, thank you! The system may automatically ask you for a phone call; however, it’s not required that you take it. Bear with me a moment while I review…

Ask Your Own Legal Question

I'm sorry to hear about that. Do you know whether your employment agreement stipulates that the employer is required to provide you that additional test to determine whether it was a false positive?

Ask Your Own Legal Question
Customer reply replied 29 days ago
No idea

I’m sorry to hear about your situation. So, basically if it says in the contract you have the right to another test, then if they did not give it to you, then it is a breach of contract.

Even if there is nothing, the fact that you were made a promise to have another test may be your best bet as you may have some recourse under the legal theory of promissory estoppel. What this means is that if someone made a promise upon which another person detrimentally relied, then the aggrieved party may be entitled to damages. Promissory estoppel usually requires five (5) things:

1. The defendant made a promise that was clear and unambiguous in its terms

2. The promisee relied on the promise.

3. The reliance on the new promise was reasonable and foreseeable.

4. You were injured by the reliance.

5. Injustice can be avoided only by enforcement of the promise.

Accordingly, you may want to consider just writing a formal demand letter that they either honor their promise or they pay you the reasonable damages that you incurred as a result. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation. If this doesn’t work, sadly, the only other option is to go to court to have a judge enforce the law. How else can I help today?

Ask Your Own Legal Question
Customer reply replied 29 days ago
How would I find out if my contract or would not provide that right?

You could ask any friends that you had in the place to send you the employee handbook or you could request it from human resources directly. Usually, they'll just give it to you. You could explain what happened and what promises you were made and that can help you get to the bottom of this for sure. My recommendation is to just have people who are there help you. It's not illegal for them to send you that documentation generally so long as patient information isn't attached. I'm very sorry about this.

Did you have any other questions for me today that I could help you with?

Ask Your Own Legal Question
Customer reply replied 29 days ago
Does contacting a local lawyer seem reasonable?

Yes.

One of the hardest things to do sometimes is find a lawyer that you can trust. Google searches are a good place to start, but usually the lawyers who pay the most in advertising can get bumped up to be on the first page regardless of their quality. One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS in each state typically requires the attorney to have several years of practice, be free of discipline, and have adequate staffing to assist people. You'll want to look for a labor and employment attorney to assist you.

How else can I help you today?

Ask Your Own Legal Question
Customer reply replied 29 days ago
thank you

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

  1. Could you look on your screen and provide me a star rating? 5-stars are always appreciated.

  2. You can save me as a favorite if you would like.

  3. For your benefit, you can also click here in the future to request me individually.

  4. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions for cheap.

  5. Don’t forget to tell your friends about justanswer.com!

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,415
Experience: Licensed to practice before state and federal court
Verified
Legal Eagle and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,415
10,415 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle 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:

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

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I need to sue a company for breach of contract. Florida.
Locating the companies main address and the name and address of the factious certificate holder … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,878 satisfied customers
DO YOU TAKE BREACH OF CONTRACT CASES INVOLVING NOT ONLY THE
DO YOU TAKE BREACH OF CONTRACT CASES INVOLVING NOT ONLY THE CONTRACTOR BUT ALSO THE COUNTY HOUSING DEPARTMENT? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I have a breach of contract. a prommisory note needs to be
I have a breach of contract . a prommisory note needs to be enforced.. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Right to appeal My husband was sued for breach of contract
My husband was sued for breach of contract in Newton County, Missouri. What are the steps necessary to file an appeal, if we can? … read more
Legal Eagle
Legal Eagle
Lawyer
10,415 satisfied customers
I tried to connect to a breach of contract link, as well as
I tried to connect to a breach of contract link, as well as a demand letter link, from our conversation on Nov 4, 2017. I received an ERROR message. The issues that were at hand then, are ongoing. My … read more
Legal Eagle
Legal Eagle
Lawyer
10,415 satisfied customers
I have a question about a contractor's breach of contract.
I have a question about a contractor's breach of contract. He contracted to build the home for $200,000. 10 months later, with no warning and no notice, he advised my daughter (it's her home) that he … read more
Bill Attorney
Bill Attorney
law
2,042 satisfied customers
Can you sue a real estate agent for breach of contract if
Can you sue a real estate agent for breach of contract if you discover they did not have your best interest in mind or gave you false information? As a first time homebuyer, I believe my agent purpose… read more
Legal Eagle
Legal Eagle
Lawyer
10,415 satisfied customers
In contract law, the first party breaching a contract cannot
In contract law, the first party breaching a contract cannot hold the other party to enforcement of the terms of the contract, as the contract was broken by the first party. … read more
Legal Eagle
Legal Eagle
Lawyer
10,415 satisfied customers
My question is regarding a breach of contract. I live in
My question is regarding a breach of contract. I live in Arizona, and signed a 3 year contract as a news producer for a media company. I broke it after working for 9 months. The news director (my mana… read more
Legal Eagle
Legal Eagle
Lawyer
10,415 satisfied customers
For you. My first question was about breach of contract with
A follow up for you. My first question was about breach of contract with my billing company and my physician group. I am debating the Breach of Contract Letter and appreciate you advice. My new questi… read more
Legal Eagle
Legal Eagle
Lawyer
10,415 satisfied customers
I sued my landlord for breach of contract for refusal to
I sued my landlord for breach of contract for refusal to repair and having his city inspector friend approve the property for rent although they both knew it had not passed health and safety code for … read more
Legal Eagle
Legal Eagle
Lawyer
10,415 satisfied customers
I have a question in regards to a breach of contract with
I have a question in regards ***** ***** breach of contract with vehicle … read more
Legal Eagle
Legal Eagle
Lawyer
10,415 satisfied customers
Promissory Estoppel vs Breach of Contract. California
Second opinion] Promissory Estoppel vs Breach of Contract … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Promissory Estoppel vs Breach of Contract. California
Promissory Estoppel vs Breach of Contract JA: What state are you in? It matters because laws vary by location. Customer: California JA: Has anything been filed or reported? Customer: No. JA: Anything … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,827 satisfied customers
If a Corporation breaches someones contract and files
If a Corporation breaches someones contract and files bankruptcy in New York does that relieve them from the offense they vomited. If not what Orof civil procedure governs that.… read more
Lori
Lori
Juris Doctor
1,101 satisfied customers
I need to file a response to a pettioners breach of contract
i need to file a response to a pettioners breach of contract claims … read more
Ray
Ray
Lawyer
Doctoral Degree
32,182 satisfied customers
Breach of contract EMPIRE TODAY- I have a contract for
Breach of contract EMPIRE TODAY- I have a contract for install and removal for flooring. It's day 35! The disaster started 1st day, the salsa person measured incorrectly the worker showed up- yelling … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Is it a breach of contract if the custodial parent moves the
Is it a breach of contract if the custodial parent moves the children to a different medical insurance without notice?From the Final Decree: The court finds that Health and Dental Insurance for the children is available at a reasonable cost to the Father....If, at some point in the future, the Mother becomes eligible for insurance and wants to move the Children to her policy and Father agrees, Father shall be responsible for 50% of the cost of insurance; Father may refuse to transfer the Children to Mother's policy if his portion of the cost of such policy exceeds the premium he then is paying for comparable coverage through his employer.Today: I discovered, the Mother now has free insurance for the children. She switched the kids over to the new policy 2 years ago. However, I've been paying about $450 per month. Which means, I'm paying $450 for no reason. Is this willingly breaching a contract with the intent to cause financial harm? Or, what would be the outcome of this?… read more
Legal Eagle
Legal Eagle
Lawyer
10,415 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