Legal Question in Employment Law in California

Fired for Mixed Up Drug Test Results!
I was fired after two full days of employment at a large retail chain store for the drug test I took two weeks prior. I took a drug test before being hired and the results came back clean, cleared(with signature)by a doctor at the testing lab.

I was officially hired. But on my second day of employment, my manager said that there may have been a mixup with another new hire who had just taken his test, it had come back positive for marijuana. I was sent home and the next day found out i was fired.

This is despite the fact that my urine sample was completely processed before the other hire had even taken his test. I interviewed with several possible employers and turned them down for this job, now I can't go back.

In this situation, do I have any legal options to get my job back? or to take legal action on the basis that i was fired on the basis of a ''mixup'' and not even given the option of retaking the test?

Asked on 3/24/06, 8:51 pm

Scott Miller Law Office of Scott A. Miller

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Re: Fired for Mixed Up Drug Test Results!

You may have a case, however, more information would need to be obtained to determine your damages, employment contract, handbook information, etc.

Scott Miller, CaliforniaWageLawAttorney

Answered on 3/29/06, 2:37 pm

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