Do I have a case for wrongful termination?

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Do I have a case for wrongful termination?

My husband was terminated from his job this past week. Following an on the job accident due to the

employer not providing the proper safety equipment per their safety policy he was sent to doctors care to receive treatment and a drug urinalysis test. The results were sent off to the lab. Upon returning to

work that day he was given a mouth swab drug screen in which he immediately passed and was

allowed to return to work. A week later his urinalysis results returned with what the doctor called trace

amounts of marijuana. My fiance does not smoke marijuana and these results were quite shocking. He

explained this to his employer and asked to have another screening done but they refuse and chose to

immediately terminate him. Upon being terminated he purchased a drug test himself and passed. He

has been an outstanding employee with no other disciplinary issues or attendance issues. Is this

something worth pursuing?

Asked on July 7, 2017 under Employment Labor Law, South Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Did he have an employment contract or union agreement that prohibited his termination under the circumstances? If not, then he was an "at will" worker. This means that his company could set the conditions of his employment much as it saw fit (at least absent some form of legally actionable discrimination). This included when and why to fire him. In fact, he could have been dismissed for any reason or no reason at all, with or without notice.


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