Legal Question in Employment Law in California

Unsafe work practices lead to termination via injury and drug test

As the dept. manager at a large retail company and the sole employee assigned to my area, it was my responsibilty handle the weekly receiving, stocking and sale of the car batteries. Because of an unsafe display rack that manangemnt was well aware of, I had to handle the batteries more than one would normally with a correctly retrofitted rack. Subsequently, after 1 year of dealing with 150-175 batteries a week, I strained my back. A manager witnessed the job I was doing at the time (a 2 hour task). The next day, I decided to see a doctor. While I was there I mentioned a repetitive motion injury developing in my elbow. I was asked to submit to a drug test because of seeing the dr. and fired when I refused to do so. I refused because I hafd smoked marijuanna about a week previously and knew it would come up. The employer since had accepted my workers' comp claim and has been paying for treatment for my elbow, which 6 months later is still hurting. No other benefits have been paid. I have also had to appeal the state's decision to stop my unemployment for having been fired for ''uncontrollable urge to consume drugs or intoxicants''. No test was administered. Any recourse here?


Asked on 7/31/02, 4:24 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Unsafe work practices lead to termination via injury and drug test

You do not state whether there is a drug policy at this company. If not, it is recognized by California courts that employers generally have the right to request that employees who are injured on the job submit to a drug test. Refusal to take such a test would be grounds for dismissal, especially if the employee is put on notice through the company drug policy.

To be able to give a more difinitive opinion, all of the facts of your case would need to be evaluated.

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Answered on 8/01/02, 5:05 pm


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