QUESTION
Do I have a wrongful termination case?
Asked on Mar 28th, 2017 on Wrongful Termination - Pennsylvania
More details to this question:
I was asked to submit to a random drug test at work, and self-reported using marijuana one time. I was then blamed for a missing narcotic at work (I am a nurse), which I denied. The Board of Nursing sent me for a hair analysis, which was negative for all substances, proving that I could not have had narcotics in my urine or blood test done by the employer. The employer refused to produce the drug screen to the Board of Nursing, and then had to pull their complaint against me. They also would not show the test to the president of the company when I had my appeal meeting. Lastly, my unemployment benefits are being held up because once again, the company will not produce the drug screen they are claiming had narcotics in it. There is no way for a urine and blood drug screen to test positive for something a hair test did not. I've met other nurses who were caught doing IV drugs at work for the same company, yet not fired. The BON supports me. Do I have a case for wrongful termination?
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Probably not. Pennsylvania is an at-will employment state. This means that, with the exception of a few circumstances, employers can terminate employees for any reason or no reason at all. It seems unfair and often times it is. I would say that you probably have a good case for unemployment benefits though, especially if your employer can't produce proof that you took the missing narcotics or violated the drug policy.
Answered on Mar 28th, 2017 at 1:51 PM