On February 10th, for work I was asked to take a drug test. After submitting the test, I was under the impression that it might fail the test for marijuana, so I alerted my supervisor. At the end of the week, they alerted me that I indeed failed the test for marijuana. They had me finish an entire work week, whereas others who failed their test were terminated that day, feb. 10. I asked them if I could resubmit the drug test, because I hadn't smoked in a couple weeks, and they said no. The HR manager then tells me of a page in the employee handbook that says that any employee can appeal their termination. You have five days from the incident. For those five days, I called the HR manager 3 or 4 straight days to no prevail. So I left her voicemails each day leaving her with a return number. She never returned any of my calls. They are not following their own written procedures and policies. After I was let go, the had a meeting at work to notify employees of their new drug policy.
An employer does not have to follow its own policies. You smoked an illegal substance and tested positive for doing so. Even if they allowed your appeal, they don't have to provide you with a second chance to pass. You were terminated like other employees who failed the drug test so there isn't anything you can do. I'm sorry there isn't more that can be done.
Ohio employment attorney www.mcoffmanlegal.com
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