Legal Question in Employment Law in North Carolina

I started a position a position last Monday. I underwent drug testing before starting the postion. Last Friday, late in the afternoon, after attending training classes, a young man came up and said he was to escort me off the premises. I was in shock. He told me he didn't know the reason and I would have to call. After entering my vehicle, and leaving the property, I called HR and was told that someone told HR I smelled of alcohol. I was numb at first. Now, I am so offended. HR, is supposidly investigating. But, If in fact they really believed the accusation to be true. did they not in fact commit negligance in letting me drive a vehicle? (I assure you it was not) And, also, was I not entitled to an alcohol test before they could do this? I would have gladly submitted. If this is the policy, I could walk in this building, today, as a visitor, and make the accusation against any employee. I am befuddled and embarassed. I have an excellent employment record. I am wondering if someone made the accusation due to my vast experience and knowledge and felt, well, threatened by my being hired. I also know there are whistle blower policies, so even though I suspect which employee made the accusation. I know they do not have to tell me. I have gone from initial shock, to being offended. I have never and would never do such a thing. Do I have any rights in this issue?

Asked on 6/26/13, 10:56 pm

1 Answer from Attorneys

Kenneth Love Ken Love Law

You absolutely have the right to be angry and offended. Unfortunately under NC law, the employer had the right to do what they did...fair or not. As a right to work state, the employer can fire you for any reason other than discrimination. There is no requirement to test you first...they could have fired you for the color shirt you were wearing and it would be legal.

As for the negligence issue...this wouldn't get you anywhere as you were not drunk and did not inure yourself or anyone else.

If they terminate you, your next step is to apply for unemployment benefits.

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Answered on 6/29/13, 1:58 pm

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