Legal Question in Employment Law in California

Zero tolerance policy, but no policy manual
10 days after a workplace accident, I was hauled down for a post-accident drug test. A chain-of-custody issue arose when the clinic left my specimen alone for 1/2 hour while they located the form that was to accompany the specimen to the lab. The drug test came back positive for a controlled substance and I was suspended for a week "pending investigation". My human resources department believed the dirty sample was mine, but could not be certain. They offered a deal which included 1 year of random testing and that I pass a return-to-work test. I agreed and asked for a copy of the results and a copy of the company's policy manual. That's when I found out there wasn't one. Now they tell me I have to re-take the return-to-work test because they couldn't find anything in my urine. Too much water in my system. I said I wanted to talk to a lawyer first because I feel like I'm being harassed and I've lost 5 days' pay and they still won't let me have a copy of the 1st test's results - which is what this whole fiasco is based on. I was told that I'd probably be fired for asking to speak with a lawyer before giving another sample. Do I have any recourse? I haven't yet found a lawyer who doesn't think this is too complicated to take on.

Asked on 8/04/00, 6:08 am

Ken Koury Kenneth P. Koury, Esq.

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Re: Zero tolerance policy, but no policy manual

its not that it is complicated; its that CA is an at will state which means that they dont need a reason to fire you.

Answered on 9/13/00, 1:54 am

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