Legal Question in Employment Law in Washington

Wrongful Termination

I was recently fired because my employer told me I failed a drug test after a L & I claim. They made me take the test a week after the injury after I was on prescribed meds (hydrocodone). Initially they told me I didn't have to take it due to the amount of time gone by. I tested positive for an opiate (codeine) but they said it wasn't Hydrocodone. I had not taken anything but hydrocodone. Also the plant manager had been accusing me of off the wall things regarding Union activity before and after a Union was voted into our company. My immediate supervisor even thinks I was singled out for supposedly being ''pro union''. I feel as if I was harassed and a botched drug test procedure was used to wrongfully terminate me. Can I do anything about this?


Asked on 3/05/09, 5:30 pm

1 Answer from Attorneys
Susan Beecher Susan L. Beecher, Atty at Law

Re: Wrongful Termination

An employer may fire you for any reason or for no reason at all, so long as it is not an illegal reason. However, in Washington State, it is illegal to fire someone in retaliation for filing an L & I claim, and it is also illegal to fire someone for protected union activity. (There is a long list of protected activities, too long to mention here.)

The tricky part for you will be showing 1) that the drug test was incorrectly interpreted and 2) that the real if unspoken motivation for firing you was retaliation for your union activity. Talk with an attorney who can review the evidence with you (and the attorney may also need to consult with an expert concerning the drug test results) to determine whether or not you have a case.

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Answered on 3/05/09, 5:42 pm


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