If my foreman was misinfomed and cost me my job, can I sue him or get my job back?

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If my foreman was misinfomed and cost me my job, can I sue him or get my job back?

I got fired for drugs. It was a promotion not a random drug test. I wasn’t going to go but my foreman told me that if I didn’t go it would be an admission of guilt and I be fired. I had meeting with the company. They told that I didn’t have to go.

Asked on December 8, 2010 under Employment Labor Law, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Here is the deal. You volunteered to be subjected to a drug test, and you failed to inquire with the company personnel department prior to go through the test.  If you did not have a contract for employment or you were not part of a collective bargaining unit (union), then you could in most states be fired with or without cause.  Consider getting your ducks in a row.  If you have good employee reviews, get those in order, talk to a labor lawyer about being forced into a drug test and see if somehow you can be hired in again at the promotion level with some drug counseling. 


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