halfdead
02-08-2011, 02:27 PM
I have worked many jobs my entire life, but my career began about 10 years ago. When I started my career I was making $26K a year and worked my way up through hard work and effort to $70K year. Recently I took a new job much closer to home because I was commuting 140 miles round trip everyday to work. The company that hired me loved my experience and couldn't wait to get me started. At the pre employment phase I was very wary of drug testing. I signed a paper to allow a background, credit, and drug screen check. My new employer told me that all I needed to do was clear the background check and they would offer me the job. I asked if that was all that needed to happen before my being offered the job and they said yes (in hindsight I should have asked specifically about drug testing).
My background check came back clean and I got a formal offer letter from them and nowhere in the letter did it stipulate that I would need to pass a drug test to start the job. I then gave my employer two weeks notice and prepared to start my new job.
I started on a Monday and that same week on Wednesday they approached me and said that they forgot to give me a pre employment drug test and asked me to submit a sample that day (my 3rd day at the new job). I had some bullshit cleanser in case of such an emergency but as I know now those don't work unless you follow the steps to properly dilute your sample. Long story short I failed the DT for THC. I told my employer that I had indulged at a party the weekend before and that I was not a habitual user and that would gladly give another sample. They thought it over and fired me a week later.
Now I am having trouble collecting unemployment as a result and my whole financial life has gone to hell in a hand basket. My understanding of workplace drug testing is that it is either random or for cause testing that is normally done. My questions is do you think I may have any legal recourse in this matter? I could have given a clean sample days later but they did not give me the opportunity. Now I have left a $70k yr job only to get fired and have 0 income. I am risking being evicted, car repossessed, credit is shot and all that good stuff as well as having trouble filling my belly these days.
I would like to sue the living bejesus out of them but I am not sure that I have a case. Can anyone offer any insight into my situation? I would really appreciate it. I am new to the board but have studied all the methods here for passing a DT so next time there will not be an issue. Thanks in advance for your help.
My background check came back clean and I got a formal offer letter from them and nowhere in the letter did it stipulate that I would need to pass a drug test to start the job. I then gave my employer two weeks notice and prepared to start my new job.
I started on a Monday and that same week on Wednesday they approached me and said that they forgot to give me a pre employment drug test and asked me to submit a sample that day (my 3rd day at the new job). I had some bullshit cleanser in case of such an emergency but as I know now those don't work unless you follow the steps to properly dilute your sample. Long story short I failed the DT for THC. I told my employer that I had indulged at a party the weekend before and that I was not a habitual user and that would gladly give another sample. They thought it over and fired me a week later.
Now I am having trouble collecting unemployment as a result and my whole financial life has gone to hell in a hand basket. My understanding of workplace drug testing is that it is either random or for cause testing that is normally done. My questions is do you think I may have any legal recourse in this matter? I could have given a clean sample days later but they did not give me the opportunity. Now I have left a $70k yr job only to get fired and have 0 income. I am risking being evicted, car repossessed, credit is shot and all that good stuff as well as having trouble filling my belly these days.
I would like to sue the living bejesus out of them but I am not sure that I have a case. Can anyone offer any insight into my situation? I would really appreciate it. I am new to the board but have studied all the methods here for passing a DT so next time there will not be an issue. Thanks in advance for your help.