Legal Question in Employment Law in Ohio

Terminated after Post accident Drug Test in 2004

I failed post accident drug test at work.I was given this test after leaving the emergency room.I was given lidocaine,motron,and a morphine drip in ER.The site my supervisor drove to was close to closing.I ask if she wanted to know what was given to me in ER. She said it wasn't necessary.Two Weeks later with glaucoma from the injury,I receive a call from the MRO who asks me to explain why I had Cocaine in my system.I told her what was done in ER and she said that would not cause a positive cocaine result and she would notify my employer of my failed test.I told her I would be calling my attorney.I was then terminated by phone. After two IC hearings (they appealed my request for TT due to abandonment ). They could not produce proof and I won the second appeal and received my TT. Their attorney told mine they would be appealing to the next level.We filed a VSSR claim and they never appealed my TT to the third level.Can I file a civil suit for Wrongful termination and does the statute of limitation start after I found out at the second hearing that they had no documents to back up the failed test for termination. Thanks


Asked on 12/16/06, 5:22 am

1 Answer from Attorneys
Eileen Joyce Baughman & Joyce LLC

Re: Terminated after Post accident Drug Test in 2004

You may very well have a civil cause of action, but there is insufficient information to say definitively. Since you are represented, you should be posing these questions to your attorney.

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Answered on 12/16/06, 7:51 am


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