Fired Over False Accusation of Drug Use

**speeddemon22** · 07-29-2012, 12:43 PM

My question involves defamation in the state of: Nevada and Idaho
I worked for an employer in idaho driving truck, but all the driving was done in nevada. The employer was sub contracted out to the mines in elko, nevada.
So I was at a mine in nevada that my boss is sub contracted to, and I got out of my truck and chalked my wheels like I always do then started to walk towards the security shack. As I was walking I noticed a pipe laying on the ground. So I walked past it and notified security there was a pipe for using drugs on the ground. They went and removed it, I filled out a incident report then went and unloaded my truck. Two days later my boss calls me and told me I had 30 minutes to make it to an address that he was texting to me for a drug test. I made it there in 22 minutes and passed my drug test no problem. The next day my boss and two other guys from my company show up in nevada and asked me to get out of the truck. So I did and they informed me that I was going to be on mandatory suspension until they talked to the mine, which was on a friday. I didn't hear from them until the following Wednesday, and they told me security has me on tape dropping the pipe out of my safety vest pocket (which is a mesh safety vest with no pockets) then fired me without viewing the supposed tape.
My question is, do I have any rights to view the tape? Does the mine have the right to falsely accuse me of this without viewing the supposed tape? Would I even have a case if I tried to fight this? I'm a good person, that DOESN'T DO DRUGS and I feel like this isn't right. I have asked my now ex-employer if I can see the tape or if they have even seen the tape, and they said no to both. I've been trying to get another job, but nobody is willing to call me back on apps that i've put in. I'm pretty sure they call my past employer to check on me, but this probably gets brought up. I have been having a heck of a time trying to find a lawyer to help me with this, nobody is willing to listen or even look into the whole thing. If anyone has some good advise I would really appreciate it!!

jk · 07-29-2012, 01:07 PM

My question is, do I have any rights to view the tape?

maybe.

Based on just the employment situation you would have no rights here. If you wish to attempt to file a defamation suit, then you may be able to obtain the video (if it is still in existence) as proof of the lie.

I'm pretty sure they call my past employer to check on me, but this probably gets brought up.

Do you know anybody that runs a company or does the hiring for a company? Ask them to make a reference call they would typically make for prospective employees to your former employer to see what is being said.

**cbg** · 07-29-2012, 03:43 PM

do I have any rights to view the tape?

Not under employment law.

Does the mine have the right to falsely accuse me of this without viewing the supposed tape?

Yes. Your employer (and the mine) are not courts of law and are not required to have proof positive before you can be terminated unless a legally binding and enforceable contract or CBA expressly says otherwise.