Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

They fired me update 1 & 2

Anonymous
Posted by Anonymous
  • 157 Replies
1 mom liked this
3 weeks after being hired. There reason? Addiction to drugs. I'm a patient at a pain management clinic. I have severe damage to me neck and weigh 125 5'3" and wear a 34EE. I told them this when they offered me the job. I do not take my meds while working. Can they legally do this? I'm drug tested every 28 days at my Dr appts to make sure I'm taking my meds correctly and not using anything else. I can't even take certain otc cough meds (don't know specifics. It's what my Dr told me Wed at my appt.) Without approval bc it may mess up my UA.

This is mostly a vent and to ask if this is legal. It was put on a letter given to me by the woman I was supposed to be replacing. She admitted she is the one who told my supervisor I was a drug addict.

Update #1
I had a consult w an attorney. He is taking the case on a contingency plan. I'll know more soon.

Update #2
My attorney has done a lot of research and has concluded that this does fall under the ADA because it is a "perceived disability". It is in direct violation of the ADA because they consider me to be a drug addict and drug addiction is covered under the ADA. He has sent correspondence to the owner and area manager informing them of my claim and that we are prepared to move forward with a wrongful termination case if they do not respond to the claims by Aug 15th. It also states that "if a violation is shown, the employee is entitled to recover damages in the form of back pay, damages for emotional distress, punitive damages and attorney fees expended in the prosecution of the claim. See also Moorer v. Baptist Memorial Health Care System, 2005 U.S. App. Lexis 2227 (6th Cir. February 2005).

Direct evidence of a perceived disability exists here. (Company name) stated reason and documented reason for termination was "addiction to drugs/pain killers". Since my client takes her medication as part of pain management and is not a drug addict, she is protected by the ADA in her termination."

He has also directed me to file a charge of disability discrimination with the EEOC.
Posted by Anonymous on Jul. 14, 2017 at 7:01 PM
Add your quick reply below:
You must be a member to reply to this post.
Replies (1-10):
Southern_Song
by Jo on Jul. 14, 2017 at 7:03 PM
4 moms liked this
No they cannot if you're in monitored pain management. You can sue.
corticosteroid
by Sapphire Member on Jul. 14, 2017 at 7:03 PM
7 moms liked this

If that's the reason they put on your termination paperwork and you can prove through your medical records that it's not true, you could have a case for wrongful termination.

Anonymous
by Anonymous 2 on Jul. 14, 2017 at 7:06 PM
8 moms liked this
Completely legal if you are in an at will state, or in a state that recognizes a 3 month probationary period, or your employment was dependent upon a favorable background check.
Anonymous
by Anonymous 1 - Original Poster on Jul. 14, 2017 at 7:07 PM
Even if my state is a right to work state?
JayTee80
by Ruby Member on Jul. 14, 2017 at 7:08 PM
2 moms liked this
I'd follow up with HR. Whether they can fire you depends on what their policy says regarding narcotics, however if you are in an at will state they can pretty much let you go for anything. It might be worth getting a legal consult to see if it is wrongful termination.
constantg
by Platinum Member on Jul. 14, 2017 at 7:08 PM
2 moms liked this
Still medical discrimination. You absolutely can as long as that reason is written down

Quoting Anonymous 1: Even if my state is a right to work state?
Talkingheads
by Ruby Member on Jul. 14, 2017 at 7:10 PM
3 moms liked this
Taking pain medication would not be a positive or a negative on a background check. It wouldn't even show up on a background check. Also they can't fire her for a bad drug test if she has the scripts to back it up. That's illegal

Quoting Anonymous 2: Completely legal if you are in an at will state, or in a state that recognizes a 3 month probationary period, or your employment was dependent upon a favorable background check.
Anonymous
by Anonymous 3 on Jul. 14, 2017 at 7:10 PM
Unless it's discrimination. Which it looks like.

Quoting JayTee80: I'd follow up with HR. Whether they can fire you depends on what their policy says regarding narcotics, however if you are in an at will state they can pretty much let you go for anything.
Anonymous
by Anonymous 1 - Original Poster on Jul. 14, 2017 at 7:11 PM
They didn't even interview me. They never started taking tax from my check either. My background check is perfect. I disclosed upon hiring that I was on pain meds. I've always heard that they can't fire you for something they knew upon hiring.

Quoting Anonymous 2: Completely legal if you are in an at will state, or in a state that recognizes a 3 month probationary period, or your employment was dependent upon a favorable background check.
Anonymous
by Anonymous 4 on Jul. 14, 2017 at 7:13 PM

Why would your DR drug test you every 28 days?  I really never heard of that.

Add your quick reply below:
You must be a member to reply to this post.
Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)