Legal Question in Employment Law in California
harrasment/deframation of character
I am a manger at a facilty, i was asked to take a alcohol test, which i passed, after giving my Manager the copy and showing him i passed he informed me i was suspended until further investigation. I then learned before I even the left my facility to take the test he informed my customer of this along with some of my drivers. I was then contacted by by human resoures dpt to please return to work, at this time i do not feel compfortable going back into that enviornment where i have already been falsey accused. I feel that my legal rights have been violated, and feel because I do not agree with my ''new'' manager this is what happened and what is to say he wont try something else. What are my rights about returning to work. HResourses wants me to call Monday and discuss this over the phone, I asked if I could record it since the wont put anything in writing and they said they would need to contact thier lawyer. I don't want to go back there for fear of being harrassed. what are my options?
1 Answer from Attorneys
Re: harrasment/deframation of character
You may be correct that you will be harassed, but unless you return to work to see if that actually happens, you will determined to have abandoned your job and lost all rights, including unemployment benefits.
Employers have a right, under certain circumstances, to require employees to take drug or alcohol tests. It was wrong to have discussed the matter with those who have no need to know, but whether your right to privacy has been violated and what should be done about it is an issue to be addressed after to return to work. There are ways to address these issues and quitting your job is not one of them.
You can always talk to a lawyer, after you return to discuss your options.
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