Legal Question in Employment Law in California
I had a knee injury in 2010, was drug tested and was clean, went to get an evaluation in sept. 2012, my company had them drug test me, I signed no authorization, my comp claim was denied, even though it was accepted in 2010. tested positive for canniboids and was fired the next day
2 Answers from Attorneys
Talk to your comp attorney about all your injury issues and claims. They are all exclusively handled in comp.
Most companies have 'drug free workplace' rules in accordance with state and federal laws. Companies are entitled to do random drug testing if part of their posted policy, or do it upon suspicion of an employee using. Unless your drug testing somehow violated company policy on notice or justification for testing, you probably have no grounds to complain about the testing. If you didn't object and refuse the testing at the time, you don't get to object now.
If you believe you have grounds for a policy violation claim, feel free to contact me.
You are still entitled to a settlement for your work-related injury whether the drug test was legal or illegal. Feel free to call us at 213.388.7070 for a free consultation.
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