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Drug and Alcohol Policy

Discussion in 'Termination: Firing & Resignation' started by McCard, Mar 11, 2010.

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  1. cbg

    cbg Super Moderator

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    The way they treated one case does not mean that all subsequent cases must be treated identically. They are allowed to change their policy. They are allowed to treat different cases differently.
     
  2. FlaRiptide

    FlaRiptide New Member

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    You are trying so hard to interject "the law" into your work place. The law does not protect everything that happens within a company. There is no law that I am aware of that stipulates a company must even follow their own policies and procedures. Thus changes to policy is irrelevant as a legal issue. Your concerns are all internal to the company.
     
  3. bruinsus

    bruinsus New Member

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    McCard, I wouldn't get so riled up. Just don't have another beer during work hours going forward, even at lunch. Just avoid the whole scenario from now on. I highly doubt you'll be fired. If you end up getting fired over this, then I would definitely take legal action because that would seem excessive and there are many other factors in your favor.
     
  4. cbg

    cbg Super Moderator

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    On what basis would you take legal action? What law are you claiming would be broken by a termination in this case?
     
  5. bruinsus

    bruinsus New Member

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    Thats for a lawyer to figure out, but I would inquire.
     
  6. cbg

    cbg Super Moderator

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    Well, I'll tell you.

    No law has been broken and there are no grounds to sue.
     
  7. bruinsus

    bruinsus New Member

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    You never have anything to lose by talking to an attorney, except maybe 15 minutes. I'd say thats worth trying to save your job if your were fired for something which sounds ridiculous. He has nothing to lose. There could be more to this that we are not privy too.
     
  8. cbg

    cbg Super Moderator

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    15 minutes and the cost of a consultation.

    Sure, if he wants to consult an attorney there's nothing stopping him. Just so long as you don't make it sound as if there's been law broken when there hasn't been.

    Google, Employment at will.
     
  9. bruinsus

    bruinsus New Member

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    C'mon man. Most consultations are free. He may find a lawyer that might be more than willing to take this case. You don't know until you make a few quick calls. I know what employment at will is, but I've seen more ridiculous cases than this taken and won. You're talking about someone's life, that's worth looking into. If he has no case in the opinion of a lawyer after a few calls, than so be it. It wouldn't hurt to call the Department of Labor either. Not everyone inteprets the law or policies the same way. Why so pessimistic?
     
  10. cbg

    cbg Super Moderator

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    Because I have worked in HR for 30 years and know what a wrongful termination is and isn't.

    But fine, you want to give someone false hope, be it on your own head.
     

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