was i wrongfully terminated?

UPDATED: Oct 1, 2022

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was i wrongfully terminated?

I was told by my employer I was selected for a random drug test. The proper procedures were not followed by the person giving me the test. They told me I failed the test and was fired. I asked to retest because I didn’t agree with the results. She told me I was not allowed to as they had split my original sample in half and both samples came back with positive results. I was not offered rehab or anything. Simply fired. Is there anything I can do to get my job back? What are my rights in this situation?

Asked on February 5, 2018 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you did not have a written employment  contract guarantying your employment (example: a one-year written contract which has not yet expired) you were an employee at will and could be terminated for any reason whatsoever--including a suspicion that you used drugs (even if the test may not have followed standard procedures). There is also NO obligation on employers to offer counseling or rehab or any other medical/psychological service: your employer is your employer, not your guardian or medical care provider. (Unless, that is, you had a written contract stating that in the event of positive drug test results, they would offer you rehab, etc.) 
Without an employment contract, therefore, you most likely have no recourse.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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