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

Asked over 1 year ago - 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)

  1. Christine C McCall


    Contributor Level 20


    Lawyers agree

    Answered . 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.... more
  2. Neil Pedersen

    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  3. Craig Trent Byrnes


    Contributor Level 15


    Lawyer agrees

    Answered . 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... more

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