I was a very hared worker never had any problems with my employer and did a very good job. Before I got fired for failing a drug test the position I had was terminated by corporate. And I had to move to another position. My assistant manager never told me until the day I was tested that I had to have a drug test to get the position. I didn't think I had any thing in my system so I did the drug test and failed. And my employer terminated me the day they got the results. Is there any way I can get my job back ? and if not will it affect any possibility of getting another job else were?
Personal Injury Lawyer
None of us here on AVVO can answer whether you can get the job back. You will have to speak to your old employer, perhaps if you offer assurances as to coming clean they might be willing to give you a second chance, and at the least you may be able to reach an agreement as to what they would tell anyone in giving references. Unless there is a union, or a contract of employment, employees are all employed “at will”. This means that, without a union or a contract of employment, a worker can be terminated for any reason, or no reason, by an employer as long as they are not discriminating based on race, gender, national origin, religious beliefs or against another suspect classification, or unless the termination violates public policy. A public policy violation would include termination where the employee was voting or going for jury duty.
This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
I have no way of knowing if you will get your job back, that depends on your former employer and whether or not he would ever be willing to give you another chance. As far as employment elsewhere, this failed drug test is not public information and should have to bearing on future employment applications.
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.
Employment / Labor Attorney
I have posted in my employee rights blog about the statutes relating to drug free workplaces in Florida. My employee rights blog is www.takethisjobnshoveitblog.com or my web site www.behrenlaw.com.