Legal Question in Employment Law in California
falsely accused and retaliated upon
i work in sales for a national furniture chain, another consultant--name removed--me of doing drugs because i complained about his unprofessional behavior on the floor in front of a customer, i was taken off the sales floor and sent to a clinic to do an inmediate drug test or face termination, while he remained on the floor earning an income,i was forced to sign the consent to be tested after i took the test, wich was negative,i expected him to be terminated or suspended but only a verbal warning was given, i sent a formal complaint to corporate for the actions of my manager but it wasnt answered nor addressed and she received a promotion instead?? there is a random drug test policy in the company if there's a valid reason or suspicion but i dont fit the profile of a drug user?? the complaint i sent to corporate was returned to be in my file, i saw it when i was given a final written warning by the new store manager over yet another incident w/ the same consultant, it reads i cannot talk, do or say anything to anyone about this consultant or i will be terminated inmediately i was harrased and now im being punished because my ex manager didnt do her job. i know i have a case, but dont know how to go about it.
thnks
1 Answer from Attorneys
Re: falsely accused and retaliated upon
If you are employed in California, there are basically five circumstances in which an employer can legally drug test an employee: 1) pre-employment screening; 2) as part of a physical exam; 3) post-accident testing; 4) random testing; and 5) "reasonable suspicion testing."
Your situation appears to fall under "reasonable suspicion testing." Reasonable suspicion testing is something less than probable cause but more than mere suspicion. It is suspicion that requires further investigation and which must have some factual foundation in the surrounding circumstances. Reasonable suspicion must be justified by specific objective facts and rational inferences from those facts. Applying this simple tset to your facts, you would need to examine if indeed your employer had reasonable suspicion to drug test you.
Also to be considered are your privacy rights as an employee within California. There are some pretty specific rights that you have, and research would need to be done on the current standing of the law per California Supreme Court cases. I would also need to know more facts about your case.
Without knowing the specific details of our case, it is impossible to assist further. If you would like a consultation, please contact my office for a confidential client questionnaire.
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