Legal Question in Employment Law in California
I had an accident at work and during the post accident drug test I had, they found hydrocodone in my sample, however, hydrocodone is the active ingredient in my vicodin prescription I had from a surgery previous to the accident. But they told me that since the vicodin prescription wasn't a result of my accident, they it didn't matter and that I cannot get my job back and I can not ever be rehired again by the company as I was terminated for "gross misconduct". Is this okay, and is there anything I can do to counter it?
1 Answer from Attorneys
You have no right to have your job back, and you probably do not have a right to have your employer change on your official records there as to why you were terminated.
The claim of "gross misconduct," however, can be challenged in any claim for unemployment benefits that you make.
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