Using Illegal Drugs While on Worker's Comp Disability

**Queryminded** · 07-16-2012, 10:28 PM

My question involves workers compensation law for the state of: CALIFORNIA

I had been off work for approximately 3 1/2 months Due to a slipped disc and bulging disc in my back due to work related injury. After 3 1/2 months I was released back to full duty by my doctor. They scheduled me for an additional follow up appointment one month after. This appointment fell during a week that I was on vacation that I had requested at the end of last year. When I arrived at the Doctors office he asked me how I was, then made some notes saying I was doing well. He then told me I would have to take a drug test. My initial thought was to refuse and just walk out because I knew I would not pass, as this was the day after a huge holiday and I made some illegal and poor choices at a party the day before on said holiday. My question is this. Is it unlawful to be drug tested while you are on vacation and not in the scope of employment? If I have let go from my duties, would I have any recourse against my employer for wrongful termination? I've been nervous about the test and have been trying to find other jobs just in case I am let go. Should I be worrying at all? Thanks

**LawResearcherMissy** · 07-17-2012, 09:41 AM

Is it unlawful to be drug tested while you are on vacation and not in the scope of employment?

Nope. You've been collecting Worker's Comp, so you need to continue to meet the requirements of your employer - even if your doc's appointment falls during vacation.

If I have let go from my duties, would I have any recourse against my employer for wrongful termination?

Absolutely not. It is not at all illegal to dismiss an employee for illegal drug use.

**Queryminded** · 07-17-2012, 04:43 PM

I don't know. I think there are a lot of privacy violation issues since I had not been collecting benefits for over a month and not even working at the time. I don't think it is as cut and dry as you make it seem. California is a litigious state with a glut of WC attorneys. Im sure I could find an attorney with an angle in my favor on the issue pretty easily if it became necessary.

**Mr. Knowitall** · 07-17-2012, 04:47 PM

Well, if you're not interested in discussing the actual facts and legal issues, you go right ahead and litigate your "privacy violation issues" in whatever court you believe will be interested. (But you may want to start by reading this.)

Or, if you choose, you can tell us more about the nature of your job, your employer's drug testing policies, whether it's a "zero tolerance" workplace, and the like.

**Queryminded** · 07-17-2012, 08:21 PM

I'm interested in discussing Mr. knowitall. That is exactly where you are wrong. Im not interested in hearing yes or no answers. My response was meant to raise discussion. To hear about possibilities and loopholes. Maybe prior legal precedence because I've found none. There isn't much discussion that can take place when a question is posed and the answer is no. I.E. Do i have recourse if Im terminated-NO... end of discussion, right? At least on planet earth anyway. Why the hell would I want any advice or notes from someone who is trying to belittle me. If someone can sue Mcdonalds for coffee being too hot under strict liability, I think anything is possible. But seriously guy, I hope you have fun stuffing your fat face with pizza while typing another 60,000 posts/reply's trying to make people feel inferior to your less than minute intellect on here while having no social life or getting laid. You can have all your misery to yourself. Just check your ego at the door and have a little humility.

**souperdave** · 07-17-2012, 11:34 PM

So you get a yes-or-no sorta answer to your yes-or-no sorta question and then see fit to play the whine card when you don't get a response that suits your delusion? Hate to break it to ya but you're gonna blow both a pee test and a maturity test. Sorry 'bout your luck!

By the way, I just shined up my crystal ball and it shows job hunting in your future.

And Mr.K never has to try to make people feel inferior, most succeed at it quite well on their own. Yours appears to be quite a prime example of a case in point. Almost forgot another point you saw fit to bring up as far as engaging in the reproductive arts; give our regards to Rosy Palm and her five sisters! Methinks she'll love the smell of the super-sized fries that are sure to be integral to your next course of employment.

**Dogmatique** · 07-18-2012, 12:07 AM

Quoting Queryminded

I'm interested in discussing Mr. knowitall. That is exactly where you are wrong. Im not interested in hearing yes or no answers. My response was meant to raise discussion. To hear about possibilities and loopholes. Maybe prior legal precedence because I've found none. There isn't much discussion that can take place when a question is posed and the answer is no. I.E. Do i have recourse if Im terminated-NO... end of discussion, right? At least on planet earth anyway. Why the hell would I want any advice or notes from someone who is trying to belittle me. If someone can sue Mcdonalds for coffee being too hot under strict liability, I think anything is possible. But seriously guy, I hope you have fun stuffing your fat face with pizza while typing another 60,000 posts/reply's trying to make people feel inferior to your less than minute intellect on here while having no social life or getting laid. You can have all your misery to yourself. Just check your ego at the door and have a little humility.

Oh you didn't.

You did, didn't you?

You invoked the Legal Forum equivalent of Godwin's Law? (Google it - I know you won't get the reference all by yourself). You had to bring up the McDonald's suit, didn't you?

Do yourself a favor before you make yourself look even more foolish than you already have. read this

- - - Updated - - -

Quoting souperdave

So you get a yes-or-no sorta answer to your yes-or-no sorta question and then see fit to play the whine card when you don't get a response that suits your delusion? Hate to break it to ya but you're gonna blow both a pee test and a maturity test. Sorry 'bout your luck!

By the way, I just shined up my crystal ball and it shows job hunting in your future.

And Mr.K never has to try to make people feel inferior, most succeed at it quite well on their own. Yours appears to be quite a prime example of a case in point. Almost forgot another point you saw fit to bring up as far as engaging in the reproductive arts; give our regards to Rosy Palm and her five sisters! Methinks she'll love the smell of the super-sized fries that are sure to be integral to your next course of employment.

You mean that place where they used to serve the Really Hot Coffee, doncha? Oh, the irony

**LawResearcherMissy** · 07-18-2012, 07:32 AM

But seriously guy, I hope you have fun stuffing your fat face with pizza while typing another 60,000 posts/reply's trying to make people feel inferior to your less than minute intellect on here while having no social life or getting laid.

Ever notice that as soon as someone gets a legally correct answer and they don't like it, they turn to the juvenile jackassery of "Oh yeah? Well, you're fat and ugly and stupid and have no life and can't get laid. So THERE! *footstomp*"

You can have all your misery to yourself.

Says the guy finna get terminated for illegal drug use, and will likely find himself unable to collect UI AND jobless for a good long time as a result.

Go throw your tantrums elsewhere, you're done here.