Legal Question in Employment Law in California

My father worked for a company for 25 years until this past monday, He called in that Monday morning stating he was not feeling well he had a couple drinks sunday night due to a family gathering. His supervisor denied his request and told him he had to come in because there was a lot of work. That supervisor has been known to be very rude to my father in the past. My father went to work because he was fearful of losing his job and with in 30 mins of him being there the same supervisor asked him to go get drug tested. My father had no problem with that. His results came out to be .09% and they fired him. They also drug tested others and they were left with just a warning. My father worked for them for 2 decades plus 5 years is there anything that he can do with this matter? To add, he also had a stock sharing plan that is over 40,000 now what is the process that we can take to receive that money? we have documents stating how much is owed to him because they would remove a certain percentage of his check because of it. I would like to know if he has a case?


Asked on 6/09/14, 12:07 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Your father might want to seek out an employment attorney as soon as possible. There might be discrimination afoot because of his age or other protected status. You didn't say that his job is safety-sensitive. If it is not, then his privacy might have been violated by requiring him to take a test for substance abuse. Also, an attorney should review the stock sharing plan to see if he's qualified to benefit from it or at least receive a refund of the amount of his contribution. That also might be one of the reasons motivating his termination.

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Answered on 6/12/14, 7:36 am


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