Do I have a case for wrongful termination?
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Do I have a case for wrongful termination?
My husband was terminated from his job this past week. Following an on the job accident due to the
employer not providing the proper safety equipment per their safety policy he was sent to doctors care to receive treatment and a drug urinalysis test. The results were sent off to the lab. Upon returning to
work that day he was given a mouth swab drug screen in which he immediately passed and was
allowed to return to work. A week later his urinalysis results returned with what the doctor called trace
amounts of marijuana. My fiance does not smoke marijuana and these results were quite shocking. He
explained this to his employer and asked to have another screening done but they refuse and chose to
immediately terminate him. Upon being terminated he purchased a drug test himself and passed. He
has been an outstanding employee with no other disciplinary issues or attendance issues. Is this
something worth pursuing?
Asked on July 7, 2017 under Employment Labor Law, South Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Did he have an employment contract or union agreement that prohibited his termination under the circumstances? If not, then he was an "at will" worker. This means that his company could set the conditions of his employment much as it saw fit (at least absent some form of legally actionable discrimination). This included when and why to fire him. In fact, he could have been dismissed for any reason or no reason at all, with or without notice.
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