Law School Discussion

Drug Testing, Slander & Wrongful Termination

Drug Testing, Slander & Wrongful Termination
« on: March 17, 2010, 11:11:35 PM »
What do you guys think of this. A friend of mine who we'll call Jen works in a hospital as a lab technician. She has been there for 2 months and does not get along with her supervisor. From the stories she tells me, it sounds like the supervisor is a real jerk off. Anyway, a week ago Jen was called up to the employee lab and tested for drugs. She was not  worried because she has not used any illegal drugs in years. Anyway, today she was called into human resources and informed that she was being terminated for testing posiitive for opiates. Knowing that this was impossible sshe asked to see the paperwork with her results. The human resources worker refused to show her the test results. She was told that the hospital perfored a test, reeived a positive result,thus resulting in Jen's termination. She has already called a lawyer, but what do you guys think? Personally, I think the test was negative and they want to can her and they're hoping she doesn't fight back. If the test was in fact positive, wouldn't her superior be happy to show her the test. I think if it turns out that the results of the test were negative, Jen will have a pretty good sot at winning a wrongful termination suit as well as a slander suit. Any comments?

MCB

Re: Drug Testing, Slander & Wrongful Termination
« Reply #1 on: March 17, 2010, 11:31:34 PM »
Was she an at at-will employee?  Bosses can sh*t can employees for all sorts of reasons, outside of explicitly prohibited ones like racial/discriminatory reasons. I don't see why they'd bother framing someone with a drug test.  Wrongful termination is a higher standard than a lot of people seem to think.  Now, if they go on to deny her unemployment benefits due to gross misconduct, she may have a case to get those benefits reinstated.  But wrongful termination, that's a real uphill battle for most people.  Just my layman's opinion, of course, as I'm just a law student.

As far as slander, what's the case for this?  Did the employer tell anyone other than your friend about her drug test results?  If so how did she suffer as a result of this?

Also maybe I've become a jaded a**hole, but I can't get myself to believe that this is actually about your friend and not you.   :-*


Julie Fern

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Re: Drug Testing, Slander & Wrongful Termination
« Reply #2 on: March 22, 2010, 06:39:39 AM »
julie has friend with brain cloud.  poor thing.

TimMitchell

Re: Drug Testing, Slander & Wrongful Termination
« Reply #3 on: March 31, 2010, 02:43:19 PM »
julie has friend with brain cloud.  poor thing.

Is that why I saw bluewarrior walking around with that sweet luggage?

Julie Fern

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Re: Drug Testing, Slander & Wrongful Termination
« Reply #4 on: April 05, 2010, 02:02:50 PM »
julie think it only crawl, never walk.  and its only luggage plastic bag with "sears" on side.

Re: Drug Testing, Slander & Wrongful Termination
« Reply #5 on: April 20, 2010, 01:35:03 PM »
I would say that she has a pretty good case.

Re: Drug Testing, Slander & Wrongful Termination
« Reply #6 on: July 25, 2010, 12:36:12 PM »
I would retake the test at another facility. If she has been prescribed opiates lately, then come foward and submit the doctors notes. I would either  leave that place of work and or file a defamation of charcter case.

Re: Drug Testing, Slander & Wrongful Termination
« Reply #7 on: August 07, 2010, 06:03:24 AM »
What happened to Jen's case?
Did she win?