I was working on a roll line handling product when the control operator turned on conveyor and smashed my fingers in between two paper rolls employer drug tested me and it was positive for marijuana so they terminated my employment. I wasn't under the influence of the marijuana during the time and I think they wrongfully terminated me. I've only been there for 90 days and I passed my drug test prior to but if operator was paying attention to the line and new I was still handling product he would have saw not to turn conveyor belt on until I properly put product in place and all this could have been avoided and now I'm out of work and bills steady coming and I need assistance for my pain and suffering
I would highly encourage you to reach out to an experienced attorney to discuss this case further, as you may be entitled to some form of compensation for your work-related injury. Feel free to reach out to any attorney on here by clicking the contact information next to their name. Most lawyers, myself included, offer free consultations to see how we can help.
You might have a workers’ compensation claim that is worth pursuing, depending on how seriously you were injured. You will almost certainly need a lawyer, because the insurance company will deny liability due to the positive drug test. And workers’ comp pays nothing for “pain and suffering.”
Getting fired for testing positive for pot is not a wrongful termination, especially in an at-will employment situation.
This answer is intended as general information and not as specific legal advice.
The short answer is yes. Mississippi is an at will state. Failing a drug test can be grounds for being fired. The drug test results can also effect your workers compensation claim. You need to call an attorney in the area to meet and discuss how your claim can and will be effected by this test result. Most attorney such as my firm will do a free first consult.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline