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Wrongful firing after drug test

Posted by: Brad Downing ( Phoenix Color Corporation, USA ) on September 14, 1998 at 12:58:52:

I was fired in June 98 for failing a drug test. I was not afforded the option of a retest as all other employees are who have also tested positive. I took one at my own expense with a negative result. About 2-3 years ago I tried unsuccessfully to start a union in the company. As a result, the company retailiated and I was subjected to drastically reduced hours and humiliation. The company was well aware of my activities. They were brought up on charges by the NLRB and settled before going to court. 1 year ago, other employees tried another attempt at a union and were subsequently fired. They have a pending case in court. At about the same time they were trying to form a union, I was promoted to middle management. I firmly believe this was to keep me out of the organizing attempt. In June, I was given a "random" test, the second in 2 months. I had not used, or been around drug use for quite some time prior to the test. The company fired me with the detailed statement that I was not being offered the option of a retest based on a contract I had signed 3 years previously not to be involved in drug use. I will add that this is an at will employer and they forced me to sign this contract as a condition of continued employment. Anyone with advice or information is welcome to contact me via email.


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