Legal Question in Employment Law in Maryland

Re: Equal Oppurtuntity Laws

You can check the employer's policies (if you have a manual or drug and discipline policies) to see how they are supposed to treat drug issues. Is there some sort of progressive discipline or maybe internal appeal that you were not given? If so, you might be able to sue for breach of contract.

Also, if you think you were treated differently because of race, age, sex, religion, or perhaps some other characteristic, you can file a discrimination claim with the EEOC or the county human rights commission in the county where you worked. It is free to file. Just look them up online or in the phonebook.

I have a feeling that something more than the drug issue is going on. Is there bad blood between you and the employer or some other reason that they wanted to discharge you or treat you more harshly than others in the past? If they have other reasons for their actions, and thus a reason why you were treated differently, it makes it harder to argue that the discharge was wrongful.

In any case, it is a difficult situation because you tested positive so you will not get much sympathy from courts or administrative bodies. Also, if you are an employee at will (no labor or other contract) you can be discharged with or without reason, with or without notice, at any time as long as it is not discriminatory.

In the meantime, you can file for unemployment. Be certain to make it clear that you had stopped smoking and no longer use illegal drugs, so you were not guilty of misconduct even though you tested positive. You may be denied, though, due to the positive test.

Of course, you should also look for a new job.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

Re: Equal Oppurtuntity Laws

An employer may terminate employment on the basis of testing positive for drugs. However, an employer may not use race, sex, national origin, etc. as the basis for deciding who to test in the first place. The facts presented indicate that the employer may have treated you differently than other employees. If that different treatment was based on race (or one of the other protected categories), then there may be a claim. You need to consult with an attorney who practices in the area of employment law to discuss your facts in detail in order to make a more accurate assessment. There are also issues as to damages, which you should discuss with an attorney.

Please feel free to give me a call if you want to chat briefly to discuss going further with this matter.