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Can I sue my employer for wrongful termination for failing a alcohol breathalyzer test under CO employment laws
Colorado Springs, CO
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Posted about 1 year ago in Wrongful Termination
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Zero Tolerance Discrimination:
I became intoxicated on a Tues. night, in bed by 10pm. Went to work Weds. Someone thought they could smell alcohol and turned me in. When asked if I had been drinking that morning, I said no - which was the truth. I consented to a breathalyzer which registered at .024 and was fired under the zero tolerance policy, leaving us in financial ruins. CO DUI is .08/ DWAI .05. I was not under the influence of anything and doing my job normally. I feel that I have been discriminated against as many of the men come in hung-over, joke about it, but are never hauled off for a test and fired. They also golf on company time, drinking alcohol. This is large global company headquartered in Australia with deep pockets and would be hard to fight financially.
Was I discriminated against? Would this situation win in court? To this day I would take a lie detector test to verify I had not been drinking that day. Answers (2)
John M. Kaman
This attorney is licensed in California.
Posted about 1 year ago.
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No you were not discriminated against. The company has a no alcohol policy applicable to all and you got so drug off the job that a day later you still tested positive for alcohol. It doesn't matter that you didn't drink on the job but that you had alcohol in your blood. BTW, lie detector tests are unreliable and not evidence of anything in court.
Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted 2 months ago.
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An at will employee can be fired for any reason, a bad reason or no reason at all. If you have a union to advocate your rights or if you negotiated an employment contract you have protection. Otherwise, an employee at will has little or no recourse.
Discrimination based on age, gender, race, religious belief, disability etc.... might provide a different answer. See my Legal Guide "Workplace Discrimination: A Basis for Wrongful Termination Claims" which you might find helpful. http://www.avvo.com/legal-guides/ugc/workplace-discrimination-a-basis-for-wrongful-termination-claims Good luck. You might find my Legal Guide helpful "How to Choose A Lawyer For You" http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you You might find my Legal Guide helpful " What Do I Tell My Lawyer" http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer Check with a lawyer in your locale to discuss more of the details if you have a retaliation discrimination theory. God bless. NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. |
