Legal Question in Employment Law in Oklahoma

wrongful termination

i was terminated from my job because of a positive drug test. i protest and requested an investigation due to the fact the nurse that made the chgs was doing this to gain revange . i feel it is the hospital's responsibilty to investigate my problem instead they went by the test results which does not prove impairment(the hospital would have needed to run an addition test to show impairment) i also feel this nurse drug me to make her chgs stick but no one would check her narcotic hx that night(mine was clear) this is my career who do i address this i should have the right to protect myself from intent to cause harm.


Asked on 8/17/00, 4:31 pm

1 Answer from Attorneys

Jeff Lee Lee & Freedman, P.C.

Re: wrongful termination

Is the hospital your employer? The hospital does have some duties to make sure the test was done according to the state statutes and regulations regarding drug-testing of employees... and if they did not follow the correct procedure, then the employer cannot take any adverse employment action against you based on the drug test. An employer's actions have to be measured against the regulations and statutes ... w/o knowing any of the particuler facts, it is hard to determine whether your sample was "tampered" with by anyone... or whether your employer wrongfully terminated you.

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Answered on 9/27/00, 1:20 pm


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