QUESTION
I was terminated from Samaritan Addiction Services for allegations of misconduct without any formal write up or questioned about any incident
Asked on May 26th, 2022 on Wrongful Termination - New York
More details to this question:
I was terminated from Samaritan Addiction Services for allegations of misconduct without any formal written notice I was not question about any incident pertaining to this allegation. This termination came exactly 4 weeks after being accused of being under the influence at work. I was not sent to HR the outside company came to my office and breathalyzed and Drug tested me in front of my coworkers and clients. My test came back negative for any drugs or alcohol in my system. My position was a Certified Recovery Peer Advocate now they have denied my unemployment I have filed for a hearing not sure what to expect.
1 ANSWER
It's worth a private consultation but any lawyer will need more specifics to be of any assistance.
I see at least 3 topics to discuss, specifically whether: (i) the employer has a basis to oppose unemployment for misconduct; (ii) the employer's on-site substance abuse testing was lawful; and (iii) there is any basis to infer your termination was discriminatory or retaliatory as opposed to a lawful exercise of at-will termination rights.
Answered on Jun 11th, 2022 at 2:17 PM
Q&A on public fora are not confidential and if you need confidential guidance, you should get a one-on-one consultation.