Legal Question in Employment Law in Virginia

I was fired from my job for failing a random drug test. The handbook states disciplinary action up to termination. Also states use of drugs in the workplace, I never used in the work place I used marijuana 2 weeks prior. The handbook states second chances and offers EAP program I was not offered this. I was a loyal employee and one of the best never got in trouble or been written up. I believe I deserved a second chance. I admitted to my bosses (the owners of the company) before I left for the test I would fail they told me to wait and see if I pass.

My boss told me this could be worked out they don�t have zero tolerance there I could go to counseling get retested etc..I have history there Im great for the company etc.. The vice president told me to drink water before my test! He asked me if I went to bathroom yet! Said that first morning is the worst sample! How is this fair? HR did what she wanted to do fire me! I never used on company time cant this be challenged?

I documented all that was said to me. Human Resources fired me regardless of what my bosses wanted.

She also violated my confidentiality by pulling me for my test in front of other employees so that when I was let go everyone knew why, the following day the entire building was talking about me and texting and calling me at home. HR had to hold a meeting at work to tell everyone to stop chattering about the situation she caused. The handbook states confidentiality I was horrified. Now im anticipating my unemployment to be denied and I have no income I relocated to VA from NJ last Nov for this company. All I want to do is be able to collect while im looking for work, and if Im able to make a case against Human Resources for breaking confidentiality and ruining my reputation. I will file an appeal for unemployment if denied but I would need legal help. I hope someone can help me. Thank You Desperate


Asked on 11/18/09, 6:02 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

In my opinion, you would have no viable cause of action against the HR for their actions and that whatever remedy you may have probably lies with an appeal to the bosses of this company to rehire you as they should have the final word in such a matter and not the human resources department.

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Answered on 12/02/09, 9:27 am


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