QUESTION
Can you get fired for BAC of 0.01 from your job if company has zero tolerance
Asked on Nov 02nd, 2015 on Labor and Employment - Tennessee
More details to this question:
had fell to floor from backing up to it, chair moved. Filled out employee occurrence. for workmans comp. Urine and blood drawn. BAC came back 0.01 I told I had a drink the night I got off from work at home about 10pm the next day I was off. and didn't drink. I had to go to work the following day.to which that was the day I fell.
1 ANSWER
4 Awards
Yes. This is an employment-at-will state which means you can be fired for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful if you engaged in one of a handful of "legally protected" activities and were fired for engaging in that activity. If either of these was the motive for the termination, then you may have a claim for unlawful termination.
Answered on Nov 26th, 2015 at 6:52 AM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.