I recently lost a job I've held for 11 years, with a small family run tow company. I have been the supervisor for the last 3 years. My downfall came on 04/23/07, when I had a minor traffic accident, which the company took care of without reporting it to the D.M.V. or the insurance company. Somehow the following drug screen showed traces of a controlled substance. (no I don't use). Rather than fire me my employer drew up an agreement which said I could continue working if I went through a program, and submit to weekly testing. I could find no way of disputing the test results, (and my offer to submit to another test was refused.), and my employer repeatedly told me that "Everything would continue as normal", provided he had this agreement on file. He further stated that if I signed, he would "help anyway he could to put this behind us." I signed the agreement on 04/30/07, He set up the program through a D.O.T. approved facility and I was told I would get a call from them for an assessment interview. 05/01/07, was my scheduled day off, and while at home, he called me in and "suspended" me until I actually STARTED the program. At which time he had me turn in my keys, uniforms and other company items. He also gave me my paycheck.
Two weeks later I finally got my assessment interview, and was told that because I didn't seem to really have a problem a minimal recommendation would be made, I was to attend a 6 hr class, and 10 12 step meetings of my choice. It didn't even matter if they were narcotic or alcohol oriented. When I informed my employer of the results of the assessment, he said I couldn't return to work until I COMPLETED the program. Once a letter of compliance had been sent to my employer, he said to bring a current test and we could DISCUSS THE POSSIBILITY of my coming back. At this point I had been without income for 2 months, and had used my savings to pay for the class that had been recommended, so I asked if he would loan me the $35 for the test against my paycheck. He refused.
Each time I speak to my employer he becomes more and more hostile, I have a written agreement signed by him, stating I could continue working, provided I complied with the terms it listed. He has verbally changed the terms of it at least twice after it was signed. Additionally he has chosen to continue stringing me along, by stating that I haven't been terminated, only suspended, and adding conditions he knows I am unable to meet, to return to work. He has not stood by his promise to help me through the matter, The value I placed on my career, coupled with the promises he made, caused me to put all my resources into complying with the agreement rather than seeking other employment from the start. Had he simply fired me, as is his right, there would have been only my pride to deal with. I do not know why, after working so hard to get me to sign the agreement, he has chosen to play this game but it has essentially destroyed my life and career.
To date I have lost more than $10,000.00 in wages (last years income was $41,000.00. I should also point out that I am a 52 year old, responsible citizen, and not a party minded youngster simply out for revenge. I've talked to a few attorneys and they have all said they didn't feel the financial loss would justify the legal expense. Can anyone tell me wht is so complex about this matter, where I might go to get some help and or how can I pursue the matter myself? My determination to comply with the agreement and save my job, and my faith in my employers promises have put me in a position where i cant even buy gas to look for work until my unemployment starts. (which requires a hearing because of the drug test results, 8 to 12 weeks down the road.) At this point I would gladly allow an attorney to keep whatever settlement might be gained as compensation, i just want justice served on a guy who thinks owning a business makes him God.
Two weeks later I finally got my assessment interview, and was told that because I didn't seem to really have a problem a minimal recommendation would be made, I was to attend a 6 hr class, and 10 12 step meetings of my choice. It didn't even matter if they were narcotic or alcohol oriented. When I informed my employer of the results of the assessment, he said I couldn't return to work until I COMPLETED the program. Once a letter of compliance had been sent to my employer, he said to bring a current test and we could DISCUSS THE POSSIBILITY of my coming back. At this point I had been without income for 2 months, and had used my savings to pay for the class that had been recommended, so I asked if he would loan me the $35 for the test against my paycheck. He refused.
Each time I speak to my employer he becomes more and more hostile, I have a written agreement signed by him, stating I could continue working, provided I complied with the terms it listed. He has verbally changed the terms of it at least twice after it was signed. Additionally he has chosen to continue stringing me along, by stating that I haven't been terminated, only suspended, and adding conditions he knows I am unable to meet, to return to work. He has not stood by his promise to help me through the matter, The value I placed on my career, coupled with the promises he made, caused me to put all my resources into complying with the agreement rather than seeking other employment from the start. Had he simply fired me, as is his right, there would have been only my pride to deal with. I do not know why, after working so hard to get me to sign the agreement, he has chosen to play this game but it has essentially destroyed my life and career.
To date I have lost more than $10,000.00 in wages (last years income was $41,000.00. I should also point out that I am a 52 year old, responsible citizen, and not a party minded youngster simply out for revenge. I've talked to a few attorneys and they have all said they didn't feel the financial loss would justify the legal expense. Can anyone tell me wht is so complex about this matter, where I might go to get some help and or how can I pursue the matter myself? My determination to comply with the agreement and save my job, and my faith in my employers promises have put me in a position where i cant even buy gas to look for work until my unemployment starts. (which requires a hearing because of the drug test results, 8 to 12 weeks down the road.) At this point I would gladly allow an attorney to keep whatever settlement might be gained as compensation, i just want justice served on a guy who thinks owning a business makes him God.
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