my boyfriend was at work-driving company vehicle when he was struck by another car-he had to do a drug test (which we thought was fine-he does not do drugs he gets tested every month -by employer AND NO PROBLEMS EVER) this test came back dirty and when he asked to be retested they fored him-he asked to see a copy and hey will not show him -Is this against the law?
2006-09-29 10:34:06 · 9 answers · asked by Anonymous in Business & Finance ➔ Careers & Employment
Against the law? No.
Wrongful termination? Not if the drug test did in fact come back positive. There is no statute that says they have to re-test him.
2006-09-29 10:36:28 · answer #1 · answered by Anonymous · 0⤊ 1⤋
Nope, sorry its not. The employer got a bad result so he got canned. A retest would make no difference to the employer, because there are too many things out there to give a false positive on those things.
2006-09-29 18:40:43 · answer #2 · answered by Nails 3 · 0⤊ 0⤋
If the test came back dirty, I'm sure the company has procedures in place to remedy errors (if indeed there are any) or they open themselves to litigation. I suppose a lawyer could subpoena the drug test results if it should go that far. Your boyfriend will basically have to prove his innocence to be reinstated.
2006-09-29 17:57:02 · answer #3 · answered by Mike S 7 · 0⤊ 0⤋
Research the Fair Credit Reporting Act. I believe they have to give him something in writing that says he was fired for that reason and it gives the place he can contact about the results. I don't know if they are required to give him a copy, but it sure wouldn't hurt to check. So, first, he should ask calmly how to contact the company that did the test. If they refuse, get a lawyer.
2006-09-29 17:55:51 · answer #4 · answered by jboatright57 5 · 0⤊ 1⤋
It sounds like they were trying to get rid of him. I believe that if he requests a copy from wherever he got the test done, they have to provide him with a copy. There may be a charge.
2006-09-29 17:44:42 · answer #5 · answered by squeekmnstr 2 · 0⤊ 0⤋
If his workplace is not represented by a Union, then he is probably an at-will employer, and they can fire him for not liking his face, let alone failing a phony drug test.
Bah, but we all know Unions are the work of the devil.
2006-09-29 17:42:59 · answer #6 · answered by ralph w 4 · 0⤊ 0⤋
This does sound underhanded and one does have to wonder about potential motivations for such actions. I think that it would be best to contact a lawyer, if only to get their opinion about the legality of such actions.
2006-09-29 17:53:35 · answer #7 · answered by the_green_grass_horse 3 · 0⤊ 0⤋
well it depends you how you look at it. yes it can be wrongful termination. but it also depends on what state you live in. like california is a hire at will state. meaning they can terminate you with out reasoning.
2006-09-29 17:42:56 · answer #8 · answered by anthony y 3 · 0⤊ 0⤋
get a solicitor and ask for that test paper!
2006-09-29 17:41:54 · answer #9 · answered by Carefree? Noway! I wish! 4 · 0⤊ 0⤋