Legal Question in Employment Law in Georgia

Pre-hire qualifications

I was made a job offer, accepted it and started the job before I completed any pre hire testing or qualifications. On the my first day of employment I was asked to submit a drug urinalaysis test. That test came up positive for the drug cocaine. I had not been using cocaine. I was at a bachelor party three days prior and was informed that one person at that party was using the drug. I took a drink out of that persons cup of beer not knowing he had been using cocaine. I explained this to the company that gave me the drug test. The problem that I have is that if these tests had been given before hiring I would still be employed with my previous employer. Since this company waited until I was hired before testing I will not only be unemployed but will not be eligible for unemployment benefits. Additionally I may not be able to go back to my previous job as they will ask why I was let go form the current one. Is there any help I can get in this matter? What if any are my options? HELP!


Asked on 10/18/04, 8:53 am

1 Answer from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Pre-hire qualifications

The problem you might run into is that the employment contract probably states that your employment is conditioned on you passing the drug test. Ordinarily, they would not be responsible for the consequential damages of loosing your job.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

Confidentiality Notice

This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message.

Read more
Answered on 10/18/04, 12:46 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Georgia