Legal Question in Employment Law in California

I was hired by a retail chain in June 2010, after I was told I past all of my tests, "background, drug test, the companies own 'tests" etc. My quality of work was excellent - especially in the "department" I had experience in. One week ago, before I started my shift the assistant manager called me into the office and basically said I was terminiated. Evidently, I did not pass the drug test and the manager said it was his fault because he hired me before the test came in. Instead of being fired, they agreed that I voluntarily left the company. It took the company 3 months to bring this to light. I have never been fired and I suffered emotionally as well as loosing the bonds I was forming with other employee's and customers. I was never contacted by the drug testing company - which would have avoided this in the first place, as I have prescriptions and am under the care of a doctor (nothing of which would affect my job performance) After I called HR and discussed this matter (trying to get some answers), I got a call a day later requesting that I provide Rx number, etc. Later I was told my drug test was "negative" because of the verification of a prescription and that HR would "open" my case ? I suppose to be re-hired. I have not gotten a call from my particular store/manager. But, how could I return and face managers that know my "personal medical needs" and the other employee's who were told I quit because I had another job. I needed the income to supplement my own small teaching business. I see 3 main areas where mistakes were made. No contact from Drug testing complany; hired before all the test were in (I was unaware of this) and the company not following it's own policy in having me work but not passing the drug test and then terminating me 3 months into the job.

What can I do?


Asked on 9/25/10, 8:30 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

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, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy. You need to look for new work and be drug free.

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Answered on 10/01/10, 11:18 am


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