Legal Question in Employment Law in Illinois
Do I have a legal case?
Situation: I work for a company that has a union. There was an incident at work which resulted in me having to take a drug test, have 3 days off with pay while they did an investigation. After the investigation I recieved a letter in my file that requires me to have 2 years of probation and 1 day suspension without pay. The equipment failed due to inproper use of a metal. The incident was not caused by me but I am being punished because the company said I should have caught it in time but the back up equipment that was originally put in place to assist with detection had been disconnected or not working and the company knew about it prior to the incident.
1 Answer from Attorneys
Your first line of defense against an unfair labor practice should be your union. Have you filed a grievance with the union? What was the result? Who is the employer? If you work for a public employer you could have various claims that employees who work for private emp-loyers do not have. If you work for a private employer, you might still have claims based on the drug test depending upon company policy and/or the Americans with Disabilities Act.
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