Legal Question in Employment Law in California

faulsely accused of unknown drug parafinalia in my work area I had not been there in 3 days and 5 other people use same area, 2 of which were there all weekend. I was only one drug tested and I am only female there. DOT screen was not done correctly and they won't let come back to work till Terminal Manager hears something, this was the 9 of August. Don't they have to pay me that time off ? I have appt. with labor board the 22nd of Spt.


Asked on 8/29/11, 1:54 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Not only are there no laws against 'unfair treatment' or poor management, but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice. Mere suspicion of drug use would be 'proper grounds' for discipline or firing for 'cause' or 'misconduct'. You could be denied unemployment benefits if fired on that basis.

There is no law requiring paid leaves, during suspension, investigation or any other time.

If you mean you are trying to claim 'sex discrimination' you will have to clearly overcome their statement of 'cause' and prove it is entirely fabricated. Your denial is not 'proof' of fabrication. You would then also have to prove the 'real motive' for the firing has nothing to do with the your performance, attitude, or the 'grounds' they claim, that they fabricated it as a false 'pretext', and that it is really because you are a woman. Sounds like tough going in your circumstances. Now if you actually believe you can prove all that, feel free to contact me for the legal help you�ll need.

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Answered on 8/29/11, 2:38 pm


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