Legal Question in Employment Law in Georgia

i was working in a medical office for three yrs,i took some expired sample medication out of the garbage in feb 2010 without asking permission now i have been fired and unemployment has denied my claim(i'am filing an appeal) is this considered theft,i did not hide the fact or try to conceal this expired medication but my dissmissel papers claim gross misconduct,in the office policy in procedures it says nothing about taking expired meds out of garbage only states md must give permission for sample use,but again this medication was of no use to anyone and the office was not following correct procedure of disposing of medication either...pls help im broke and lost-


Asked on 8/18/10, 4:45 pm

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

You should move on, quickly, before the office turns this into a criminal matter. You are not going to get your job back. You will likely not win your unemployment appeal. Medical offices have very high standards they must live up to. The fact that they've breached their own protocol in the manner in which they thew away the medication has no bearing on your firing or your ability to reclaim your job. Just because the office's lax disposal policy dangled the medication in front of you doesn't mean you had to take it. You knew better. Spend your time and energy looking for a new job. Best of luck.******The above is for informational purposes only and does not create an attorney-client relationship.******

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Answered on 8/23/10, 5:09 pm


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