If I was fired after failing a randomdrug test but not all employees who tested positive were fired, do I have any legal action?

This was my first drug test with the company. Only some employees were fired that tested positive. State law says that an employee may not be discharged after the first positive test.

Asked on November 12, 2011 under Employment Labor Law, Louisiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The issue is had you tested positve before oin a drug test at work? If so, what did you test positive for versus what the other employees who were not fired tested out for?

Had the other employees who were not fired not tested positive before? The law that you describe is a discretionary law, referring to "may not" be discharged by the employer. Perhaps there were other things besides a positive drug test that you had that influenced your employer to terminate you.

If you want to consult with a labor attorney about whether you have a claim for wrongful termination, you may do so. However, from what I see, you do not have a factual basis for such a claim.


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