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Terminated for positive pre employment drug test which was overturned when I provided proof it was a prescribed cough medicine.

Lakeland, FL |

I filed a complaint with the EEOC they accepted my complaint based on a perceived disability and is still being investigated it has been approximately two weeks. The companies own drug policy supports prescribed medication, but I was terminated anyway. Question is should I get legal representation on my side to work with the EEOC? I am looking for monetary damages at this point. I am days away from having to break my lease since I am unable to pay my bills. Applied for unemployment and am waiting for an adjudication determination, purchased a new car prior to me getting this "new wonderful higher paying job" and have no idea how i am going to pay for it now. My life has been turned absolutely upside down. Any advice?

Attorney Answers 3


  1. Many employment/labor law attorneys will take cases on a contingent basis and many offer free consultations. I would call and make an appointment as soon as you can and discuss your case with one of them. Sorry, I can't be much more help.


  2. The time to get a lawyer on board is now. You have expectations of the EEOC process that may not be met.

    EEOC processes can take a very long time -- a couple of years is not out of the question. And EEOC processes will not result in any payment to you unless the employer wishes to simply make your matter go away at the earliest moment -- literally as a nuisance. That means that any payment as a result of EEOC mediation is likely to be nominal. It is not clear from your post that you have a sound factual basis for a disability claim, and EEOC may yet decide that there is not jurisdiction of your complaint. The unemployment benefits process will have nothing to do with your EEOC claim -- will not help in any way.

    Get a lawyer to evaluate and manage your claim. Go to nela.org and find skilled and experienced counsel in your region who will accept your mater on contingency.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal 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 joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.


  3. I agree with Ms. McCall. Having counsel assist you through the EEOC process would be a benefit. That process can drag and your Charge can be put on a back burner if you don't have someone pushing the investigator. Get someone to assist you now.

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