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I was fired for failing my drug test but I told my manager upfront & she still hired me & said that's alright. Wrongful Term?

Union City, CA |

Two weeks ago I went on an interview for this company that photographs families for the Holidays with Santa. The girl was really interested in me and she told me that there was a drug test so I was upfront & honest. I told her that I smoke occasionally and it's in my system she told me that "she does too" but she will hire me anyway and that she will tell her boss since i' m being honest. Her sister who's the assistant manager said" what you do on your own time, is your own time." I come into work yesterday and everyone is staring at me looking weird and the manager says her boss needs to speak with me I call him and he tells me the drug test was failed i explain I told the manager upfront he says he was unaware and had to call corporate. He called my manager and I think she lied on me

Attorney Answers 5


  1. Even if your manager did lie to her manager, it would not have made a difference. Employment is rarely guaranteed for a fixed period of time. It can end at any time for any lawful reason. Terminating an employee for failing a drug test is a lawful reason. Sorry, but the employer has the legal right to fire you under these facts.

    They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.


  2. Sorry, but what you report is not unlawful. Your employer is allowed to change its mind at any time about the issue, and the fact that one person or more at the employer would have hired you anyway does not mean the ultimate decision makes must live with that representation.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.


  3. My colleagues are correct. There is nothing about your termination that would rise to the level of wrongful termination.


  4. It sounds to me like "the girl" who interviewed you does not have the final say as to who is hired. If they are drug testing new hires, that says to me that they actually do care what employees do on their own time. Especially if that employee comes to work with marijuana in his system.....and then works with families and children. Sounds to me like the company wants to protect itself against potential liability. I think you were rolling the dice by admitting to "the girl" that you smoke and also in taking the drug test when you knew it wouldn't come out clean.

    It doesn't sound like you have a basis for a wrongful termination claim given that I'm guessing your being hired hinged upon you passing the drug test. Unless "the girl" put it in writing that she would hire you even if you didn't pass the drug test, I wouldn't count on her backing you up. I doubt she would want to admit to drug use herself as she might get fired as well.

    ***This response is provided solely for general information purposes and is not intended as legal advice. This response does not create an attorney-client relationship.


  5. Contact a local attorney, they will now the local procedures.
    Scotty
    www.FresnoCountyDefense.com

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