Legal Question in Criminal Law in Pennsylvania

False Positive Cost Nurse Employment

While serving probation (for defending myself against an elderly attacker) I had a court hearing for a disorderly conduct case. In good faith I went to the court, and the next thing I knew I was in jail for 3 days. The judge apologized, the probation officer apologized for a false positive drug test...however I was fired from my job. I was unable to call out, and they had opened a letter of mine from the probation office. I knew that this drew a concern for them, but it was my right to not disclose why...regardless of how small the reason. Do I have grounds to bring legal action? I am a single parent that works 2 and 3 jobs to support 3 children (2 in college). My job meant everything to me, and now I am starting over from scratch and struggling to uphold my name and to keep my sons in school. I am emotionally torn, and wish to seek legal counsel immediately. I know that once the two cases are cleared, and my voice is heard for once, this will change many things for me.


Asked on 9/04/04, 1:23 pm

1 Answer from Attorneys
Terrence Valko ERISA Disability Lawyer

Re: False Positive Cost Nurse Employment

one can be fired for good reason, bad reason, or no reason at all in the absence of a union contract, contract of employment or violation of federal Title VII law.

the only exception is if the employer fires you while you are furthering an express public policy. various examples of such policy start with serving jury duty and end with more traditional "whistle-blowing." your category of factual circumstance does not, in my opinion, qualify as a public policy exception to the doctrine of at-will employment.

good luck

TV

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Answered on 9/06/04, 9:00 pm


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