drug testing justified?

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nichole4407

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My jurisdiction is: ohio

So here is my situation. I was fired on Sept. 2. My place of employment does not do random drug testing and just in August started a new policy for doing pre-employment drug testing. I had worked there for 7 years since I graduated high school and never one time was ever drug tested or needed to be. During the weekend (Labor Day weekend) before I was fired I was at a party with my husband for his birthday alcohol was consumed and I did smoke a little weed. Obviously I know that is wrong and illegal and shouldn't have been done. It was a bad decision and not something I do on a daily basis or is in my life style at all. When I came to work after the weekend I was told first thing in the morning to go do a drug test. This was shocking because no one in my office has ever been tested and I had never been tested the whole time I worked there. After all was said and done I was told that the reason I was drug tested was because of emails sent by someone outside of my work and this someone had nothing to do with my work. I was never informed of any emails about me and no one would give me any information on who or what the emails said. They said it was not an employee or customer they had nothing to do with my job or work performance. I have never had complaints on me about drug use by customers, co-workers, or supervisors. I have never had any reason to be suspected that drug use or alcohol use was being done at work or causing poor work performance. They have nothing but emails from someone saying slandering things about me and they say that gave them just cause to test me. I am going to be having a hearing with Unemployment Compensation Review Commission because the director is investigating if I was discharged with just cause in connection with work. Because a co-worker, supervisor, or customer has never had any reason to complain or accused me of anything to do with drugs did they have the right to test me? I have never had any warnings, been written up, had complaints or anything of that matter concerning anything especially drug or alcohol use effecting my job in the 7 years I worked there. Would it be worth while to consult an attorney?

Thank you.
 
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