Legal Question in Employment Law in California

Your termonation maybe wrongful, if you can show that you were taking prescription drug at the time of testing. You still have a valid worker's compensation case regarding your injury. You need to file a WCAB application and claim to move your worker's compensation forward. If your termination is unjustified, you can petition for penalty under Labor Code 132(a). Feel free to call us at 213.388.7070 for a free consultation.

Your workman's comp attorney can advise you whether it can be proved as 'retaliation' and a claim made under 132a, in addition to your injury claim that you should be pursuing.

If not, then you face the harsh reality that unless you are in a union, you are an 'at will' employee that can be fired any time for any reason, certainly including drug violations. You could appeal under the company rules, and seek reinstatement, but don't waste your money filing a civil suit claiming 'unfair firing', you can't win it.