Legal Question in Employment Law in Texas
I was fired from my last place of employment in texas for failing a random drug screen. I was/am not on drugs. My employer stated that because i tested positive for thc, that they did not have to get the results confirmed by a lab.... which violated her own policy. I filed for unemployment and was initially denied. As such, i filed an appeal which is in a couple of days. I know that with my sworn denial of drug use that the employer must provide 5 documents to twc which proves the initial test, a lab confirmed test, chain of custody, their drug policy and my consent to it. After reviewing the evidence that they have sent me, they only have 3 of the 5 documents required to overturn my claim. So my question is, is that enough to overturn my claim? I realize the final decision is left up to the hearing officer.
1 Answer from Attorneys
Trust your hearing officer. You could win this one.
They'll probably do the hearing by phone. If you don't have a speakerphone, go buy one now at Radio Shack. You'll be shuffling paper during the hearing.
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