Can I Fight a Company "Last Chance Agreement"

My question involves labor and employment law for the state of: North Carolina
I feel I was wrongfully terminated by this company. I worked for Freightliner for 11 years. I was terminated in 2008. I never had any problem there until this happened. I was always a good employee and never did I come into work under the influence of any drug except caffeine. I was injured on the job about a year prior. My doctor prescribed me a drug for pain, "Tramadol". I also was battling a few years of depression and my doctor had also prescribed for me "Celexa"
Sometimes I would take more than prescribed for the pain and I would run out of them by the end of the month. I would really get depressed. I talked to my doctor and he said that he could not give me anything else. I came to the conclusion that the pain medication was probably doing more harm to me than good. I tried to stop taking them but it was too hard for me. I feel that I could have stopped if I could go into a detox. The problem was I could not afford to take off work.
I decided to be honest and go to the company nurse and tell her the whole story and that was the biggest mistake of my life. I was a member of the "UAW" and I should have called my union representative in when I met with the nurse. She assured me that everything would be okay and that my job would not be in jeopardy. She called in the Human Recourses guy in and they asked me to sign a "Last Change Agreement". They sent me for a drug test, which was negative and then they put me on temporary disability. One of the agreements of the temporary disability was to attend counseling classes which I did. I told the nurse and the Human Recourses guy. That I had been to counseling before because of my depression and that I didn't think that it would help me to get off the "Tramadol". They told me that it was something that had to be done.
Here is my dispute. Every other person that I had ever known that had a problem with substance abuse with this company was sent to a detox and placed back to work. This did not happen with me. WHY? This is why I think this could be disputed in a court. I returned back to work after the temporary disability. And was still taking "Tramadol". My doctor actually increased my dosage which in time created the same problem. I decided that I would do an experiment and start smoking a little marijuana to replace the "Tramadol". I did this in high school and never had an addiction problem with it. Well, it worked and I was able to get off the "Tramadol". I have never heard of a random drug test at this company before. They did not exist. You were only drug tested if you were involved in an accident at work. Again, I never went to work under the influence of any drug except caffeine. I took my job and safety serious. I have worked in manufacturing all of my life.
One morning during a company meeting, a union representative came and told me that I was wanted in the nurse's office. They asked me to give a urine sample. I did and it tested positive for marijuana. I was fired after working for this company for 11 years. I look back and think how stupid I was. I should have been a man and fought my depression as a man. I just seemed too big for me then. The "UAW said that could not help me because I signed the "LAST CHANCE AGREEMENT". Again, I take full responsibility and it was my fault. I am angry at myself and no one else. I just think the company should have handled it the way they had for everyone else that had a problem with substance abuse or addiction. If I was hooked on CRACK, Heroin or alcohol. I think it would have been different. Would someone please help me to at least put this behind me? I have been 3 years without a stable job and insurance. I could not draw unemployment because they way I was terminated. Thank you, Bryant from North Carolina

Unfortunately, the circumstances conspired against you here. If, for instance, you had “switched” to marijuana prior to going to the company nurse then you would have likely had another opportunity to retain your position after initially testing positive. (Of course, you would still have had to return to your pain management dilemma.)

At the end of the day, while your circumstances may be unfortunate, they do not suggest your employer or your union did anything unlawful. You likely will have no good choice but to move on at this point.

Thank you for the quick reply. I think the only thing they did wrong was asking me to sign the last chance agreement before I did anything wrong. I could understand it more if I had tested positive for marijuana before they gave me the last chance agreement. The only thing I did wrong was ask for help at the nurse's station. For example. The postal union their employees a "last chance agreement" if they test positive for an illegal substance or they are under the influence of alcohol. I was not under the influence of anything except what the Dr. had prescribed and "Tramadol" is a low form of pain medication. I just don't understand the order of events in which took place. This was something new for them and I think they made a mistake. I mean who comes in wanting to get off doctor prescribed medication. I would say 50% of the people there smoke pot and take either Xanax or Percocet. They have sent people away to clinics in Florida to get off of cocaine. I mean come on. Thank you again for your help. Bryant from North Carolina.

I do not want to play “Monday Morning Quarterback.” As you have stated, though, you signed the “Last Chance Agreement” without the advice of your union representative. Perhaps had your union rep been there, he would have advised you not to sign the Agreement since you did not have an illegal drug problem and you had never failed a drug test at that time.

You may be right on the inequity here. Unfortunately, I do not perceive how this arguable inequity can translate into a cognizable cause of action against your former employer or your union.

BTW, has the marijuana continued to help you with the pain and the depression? Or did you stop smoking marijuana because of the likelihood you will be drug tested in connection with the hiring process for your next position? If you did stop, how are you managing the pain and/or depression?

They sent you for a drug test because you had confided in the nurse/your employer that you had developed a drug addiction to your prescribed pain medication. No law prevents them from doing that and your employer has an ethical obligation to make sure you are safe at work, as are others. I don't know what job you do but if you're "dopey" from medication - or taking more medication than has been prescribed - the possibility of you being a safety hazard to yourself and others certainly exists.

Every other person that I had ever known that had a problem with substance abuse with this company was sent to a detox and placed back to work. I rather doubt the company "sent" any employees to detox. Rather, the employees chose to take a leave of absence, which the employer approved, to seek treatment. You stated you were not willing to take leave to get treatment.

An illegal drug is illegal - from any employer's perspective, it doesn't matter if you tested positive for marijuana or crack cocaine. Absent something in your CBA to the contrary, nothing in the law prohibits your employer from terminating your employment. I don't mean to kick you when you're down but you made a series of poor choices here that resulted in the termination of your employment.

Your only option is to grieve your discharge through your union if they wish to pursue that for you. Apparently they're not.

About the weed. I don't smoke it. I bake it in brownies. And one brownie does me all day. I don't need much. No one can even tell. You can't smell it and it isn't bad for you. It passes through you system very slow. I can't understand why people have to smoke it. This gives it a bad rap for sure. Everyone associates it with Woodstock. Heck you can't blame them. But I don't consume now because I have to get a job or I'm going to loose my house. I lost my Harley and truck that I had worked so hard to own. I will probably let my house go and move back in with my mom, hahahaha. Pitiful. I can't understand the world we live in. People can pop Percocet and Xanax all day long with a doctor's permit and this crap is chemicals that sometimes destroy your liver. But saying I consume marijuana is like saying your going to rob a bank. As far as my depression goes it's worse than ever. I started back taking the tramadol yesterday. All I need is 1 a day. My prescription says I can take 3 a day. But I'm not going to go that route ever again. All I can think about is getting a job and I definitely think about suicide more and more these days. I know its terrible right? I never thought I'd be in this shape. I sympathize with so many people now. It's weird because I see so many people that don't appreciate their jobs. Hahaha I used to be like that but never again. If I can ever get out of this pit and get a decent job, I will be a faithful employee and a hard worker. I will never take my job for granted again. I do have one thing in my favor. I don't have any children that depend on my or a wife. But if I did I would have no choice but to make something happen. Thanks again. I just wish I had my old job back.
If I had some money saved up I would move to California for at least a few weeks to see if I could get hooked up with someone there to grow it or harvest it. It is a beautiful and wonderful plant. I would grow it for someone for free or for room and board. California and Oregon is beautiful. I think I would love to live there. And one thing about California. If you have depression you can see a doctor for prescribed marijuana. But like I said I would much rather eat it in a cookie or cake than smoke it. Young people think it makes them look cool when they smoke it. NOT! I used to be young and stupid too. hahaha Can't you tell? look at the shape I'm in. I think it's a wonder drug if used only when you need it. That is the big problem though. People over indulge, just like most things right?
Bryant from NC

First, take suicide off the table! Irrespective of how bad things are, they can turn around for the better for you in an instant. For a whole host of natural and spiritual reasons, you should never give up! Your turnaround can manifest in a moment.

Second, you need to consult with a mental health professional ASAP to have him or her assist you. Your life has infinitely more value than your job, your bike, your home or any other replaceable thing. The fact you even contemplated suicide as an option strongly suggests you would benefit from speaking with a professional regarding your circumstances.

Finally, remain cautious with the marijuana usage. It is great you have found a means of alleviating your pain. As mentioned above, though, it remains illegal in your state and in most other states to use marijuana even for medicinal purposes. You do not want to have a drug possession or drug usage charge to further complicate your job search.

Thank you. I have been to counseling and it never helped me. In fact, she is the one that first put me on pills. What is the use of finding something that helps you deal with life when you have to be stressed out about taking it because of drug tests and the police? Kind of like everything in life. If you eat what taste good it is bad for your health. HAHAHA. Coffee is good but it makes your teeth yellow. I do appreciate it though. Honestly. I could never take my life, because I love my mother so much. I could not put her through that. My mother is the best. She hates sin though. hahaha she definitely brought me up knowing right from wrong. I have no excuses. If I wouldn't have had her in my corner, I don't want to even think of how I would have turned out. Thanks. I will keep my chin up. Bryant from North Carolina.

I strongly suggest you see a psychiatrist. I imagine you need medical management for your depression and psychiatrists are truly the experts at this. If you have a chemical imbalance causing your depression (as many people do), it's quite likely the only thing that's going to help is taking the appropriate medication and a psychiatrist is by far the best medical practitioner to figure out exactly what you need. Good luck.