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Can my employer fire me for a Dr. prescribed medication

Chatsworth, GA |

I was taken in for a drug test and it come up positive for my prescribed medication. They said I was over the limit and abused it. I was told by my Dr. they can not do that. Do I have a case?

I have sever anxiety, panic attacks and depression would this be a disability discrimination.

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Attorney answers 2

Posted

I am a California attorney and cannot give legal advice in your state. My comments are for information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT PROVIDE SIMILAR OR GREATER PROTECTION. If I refer to your state's laws, do not rely on what I say; I just did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state.

First, don't get your legal advice from your doctor. The doctor may or may not reach the correct conclusion, but law is a profession which is just as complex as medicine, and I'm sure you wouldn't want your attorney to prescribe your medication!

There are many different laws and considerations at issue with drug tests. Many drug testing programs have a medical review officer (MRO) to whom you can confidentially disclose any legitimate reasons a test may come back as positive. Sounds like this was not an option in your situation.

There may be work rules, U.S. Department of Transportation regulations, privacy concerns, defamation issues, and far more at play. Another factor is the general presumption of at-will employment. Please look at my Avvo guide to at-will employment which may help you understand your rights now and in the future: http://www.avvo.com/legal-guides/ugc/an-overview-of-at-will-employment-all-states.

There is far too much to consider for anyone on Avvo to be able to answer the question of whether you have a case as it depends on specific facts. The Avvo board is not really set up to handle the kind of detailed analysis that is needed in your situation. Avvo works best for short, specific questions that allow for short, specific answers. Perhaps more importantly, anyone can read the discussions on Avvo so they are not confidential. The employer or whomever is involved in the dispute with can read everything written here.

Employment law is complicated and fact specific. You may wish to consult with an experienced plaintiffs employment attorney in your state. To find a plaintiffs employment attorney in your area, please go to the web site of the National Employment Lawyers Association (NELA). NELA is the largest and most influential bar association in the country for attorneys who represent working people. The web site is www.nela.org, and you can search for attorneys by location and practice area.

Also, NELA has affiliates in every state and in many cities. On the NELA web site, you can look at the list of affiliates. Some attorneys will be listed in the affiliate membership list, some in the national organization membership list, and some in both. Being listed in one or both lists should not influence your selection because attorneys can choose whether or not to purchase the listing in the national directory. Each local affiliate has its own rules for listing.

I hope you can resolve your situation and wish you the best.

*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

Posted

Depending on numerous additional facts, you might have a possible disability claim. However, you should consult with a qualified Georgia employment attorney who will need to learn more about your situation in order to provide proper legal advice. If you would like more information, please contact the undersigned, Jay Brownstein, at (678) 921-0143. I will be happy to consult with you at no charge.

The transmission of an electronic message between an individual and attorney in a public website alone does not create an attorney-client relationship absent a specific engagement agreement between the parties. By replying to a legal question or inquiry posted on a public website, the responding attorney is neither providing specific legal advice nor entering into an attorney-client relationship with the recipient. A person or entity may not reasonably act or rely upon information contained in such a response without a personal consultation with and engagement by the attorney.