Where my rights violated?
UPDATED: Sep 30, 2022
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Where my rights violated?
I began working for Pizza Hut Corporation in March of 2005. In July of 2011 I became a Medical marijuana patient. In July of 2012 I was fired from Pizza Hut after being tested for drugs and marijuana showed up. Since that point I have had trouble finding work. If I put Pizza Hut down on an employment application, it was like a death sentence as far as finding work. In fact I was about to get hired in a nice 12/hour. job in a call center receiving calls for medical offices during overflow hours or times the office was closed. When the interviewer asked ‘What happened at Pizza Hut?’, I just said it was time for a change. She said she would check with them and then I never heard from them again. When I was fired from pizza Hut they said I was a good employee and offered me rehab. I refused their offer. I believe some employees at the location I worked at, 67th and Bethany Home in Glendale, AZ may have with malicious intent thrown me under the bus, perhaps because of their competitive nature, which I had spoken to Manager Veronica about at that time. When I was managing back east we were only allowed to tell an employer calling in about a prospective hire the date they were hired and the date they left. Nothing else. I have a feeling someone in Pizza Hut had some fun with my personal medical information. So…I was just wondering if Pizza Hut and or it’s franchisee might be liable for some major interruptions in my income?
Asked on December 2, 2016 under Employment Labor Law, Arizona
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If they gave you a false negative recommendation--i.e. they lied about you, accusing you of something you didn't do (for example, they accused you of theft when you never stole from them)--that is defamation and something you could potentially sue over.
But regardless of what their policy was when you were there, they are legally allowed to reveal any true facts--even if they harm you--about your employment or separation from employment. So if they tell prospective employers you were fired for failing a drug test, that is legal, since that is the truth--it what happened. You cannot sue them for telling the truth.
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