Skip to main content

Iwas fired due topositive drug test for meth but it was actually adderol which is used adhd and shows up positive for meth

Corona, CA |

I told employer I would test positive and told them why and they said who cares your taking the test anyways. I was denied unemployment in California due to test but I do know that company secerets that they pay employees for overtime on Saturdays under the table cash so they don't have to pay higher workmans comp should I use that as a bargaining tool for them to tell eed to pay my claim

Attorney Answers 3


Take a look at California Penal Code sections 518-527; then ask a good criminal defense attorney in a confidential consultation whether you should do what you are thinking about. Do not have this discussion here on a public web-site where your intentions and meanings may be misconstrued.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

Mark as helpful

3 lawyers agree


I will say it outright - you cannot threaten reporting of criminal conduct to gain a civil advantage. That is called civil extortion, and committing it is a tort and a crime that will cause you to face civil and perhaps criminal exposure. Do not do it.

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.

Mark as helpful

2 lawyers agree


Ms. McCall and Mr. Pedersen already said it, so I don't have to.

What you can do is appeal the decision to the Unemployment Insurance Appeals Board if you're still within the deadline to do it.

Additionally, you may consider filing a complaint with the Dpt. of Fair Employment and Housing. From the facts you described, you may have a complaint of disability discrimination.

Good luck with your legal issues.


Craig T. Byrnes

Disclaimer: Please be aware that I am not offering legal advice, nor forming an attorney-client relationship with you. I am not representing you, nor doing anything to protect your legal rights. If you believe that you have suffered a legal wrong, take action before any statute or limitations expires, or your right to do so may be lost forever. Good luck in your legal matter.

Mark as helpful

1 lawyer agrees

Employment topics

Recommended articles about Employment

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics