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Wrongly terminated from employer, they are stating I didn't pass drug test, untrue. What should be my next step?

Ventura, CA |

Terminated from work because HR said I did not pass my drug test, fired on the spot. Went back to the clinic and was told my urine sample was inconclusive because temperature didn't register. Later I was told by HR I was fired because I declined to take a second sample. Which is false because I was not offered a second test. I have a document from the drug clinic manager stating that the statement of me refusing to take a second sample is untrue. I have been trying to talk to HR of the company with descriptive and informative emails, and they are just brushing me of with one or two line emails. I have been contacting HR and the company that does the background checks but have been getting little or no progress. What should be my next step?

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Attorney answers 2

Posted

If you believe that you have been terminated for some other reason that your employer does not want to tell you, you should see an employment lawyer.

Otherwise, file for unemployment. Although your employer may lawfully terminate you even though it is mistaken about failing the test, you may still show you did not do so and receive unemployment.

Asker

Posted

The unemployment office (EDD) said that my company stated I declined the drug test, and may cause some problems. I am in the process of disputing the claim made by the company that ran my background check. Thank you for your responds.

Posted

Depending on whether you are an "at-will" employee, you may have a case for wrongful termination. The real question may be, "What is the true reason they are terminating you?" If it is based upon an illegal reason (retaliation, discrimination, or public policy), you may have a separate cause of action. You should contact a lawyer concerning this matter.

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