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

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

Waldorf, MD -

Attorney Answers (2)

Craig Meyers

Craig Meyers

Car / Auto Accident Lawyer - Gaithersburg, MD
Answered

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.

Alan James Brinkmeier

Alan James Brinkmeier

Lawsuit / Dispute Attorney - Chicago, IL
Answered

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.

Related Topics

Employment

Employment law governs employee pay, non-discrimination policies, employment classifications, and hiring and firing at the federal, state, and local levels.

Featured Legal Guides

Elizabeth Raye Ison

Pantoja v. Anton

by attorney

In Pantoja v. Anton, a California Court of Appeal (Fifth Appellate District) overturned a trial courts decision to exclude me too evidence presented... more

Employee rights

Employee rights in the United States include receiving legal and agreed-upon wages, working in physically safe conditions, and being free from harassment.

Featured Legal Guides

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.