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Can I be fired for the companies malfunctioning equipment even if I fail a drug test?

Waldorf, MD |

I got into a accident @ work because of their equipment malfactioned which forced me to take a drug test which was inconclusive

Attorney Answers 2


You can be fired, but you still have a valid worker's compensation claim. Whether you can sue the manufacturer of the equipment or pursue other avenues of recovery depends on the facts. You need to get a local worker's compensation attorney.

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If you have a discrimination theory about retaliatory discharge or hostile workplace conditions you'll need a lawyer. Religious belief, age, gender, race etc. all are discriminatory reasons for which you cannot be legally fired and upon which you might base a wrongful termination suit.

If you are an at-will employee, you can be fired for any reason or no reason, except unlawful discrimination. If you do not have an employment contract or union to represent you, your recourse is limited. Discrimination based on age, gender, race, religious beliefs etc.... may give rise to a different answer.

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