Is there anything that I can do about getting fired from my job due to alleged drug use?

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Is there anything that I can do about getting fired from my job due to alleged drug use?

I was fired from my job. They stated that it was for drug use. I was not doing drugs and was not given a drug test. I told them I had hepatitis C and that I thought it had become active. They told me that they couldn’t use me anymore. They called several members of my family and told them about the hepatitis C and that I needed in patient drug rehab.

Asked on August 21, 2010 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) If you did not have an employment contract, you may be fired for essentially ANY reason--including a mistaken one. (The only other exception usually is that you can't be fired for being a member of protected category; e.g. on account of race, sex, religion, disability, age over 40.)

2) However, if false factual statements (such as that you use drugs or need drug rehab) are publically made  (such as to family members) which damage your reputation, you may have a cause of action of defamation.

You may wish to consult with an attorney, to see if you might have a lawsuit against your former employer and/or the people at it who made these statements; what your claim may be worth; and how much it would cost to pursue it. Good luck.


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