What to do if I’ve been in accident at work that wasn’t my fault but failed urine screen test and lost job, however others have done same thing and only gotten suspended?

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What to do if I’ve been in accident at work that wasn’t my fault but failed urine screen test and lost job, however others have done same thing and only gotten suspended?

Why couldn’t I do the same thing? I think I got treated unfairly.

Asked on September 19, 2015 under Employment Labor Law, South Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

First of all, you failed your drug screen test, so playing the injured party under the cirumstances is not going to help. That aside, not all employees need be treated the same or even fairly. The fact is that employment discrimination only comes about if you have been treated differently at work due to you race, religion, nationality, age, disability, gender or sexual oreintation. Also, if your treatment constitutes some form of legallly actionable retaliation or violaltes the terms of an employment contract, union/collective bargaining agreement or exisiting company policy. Otherwise, your employer could legally terminate you at its owns discretion, with or without notice.


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