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Terminated Because Supervisor Stated He Smell Alcohol on Me, No Sobriety Evidence

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  • 04-22-2015, 08:53 PM
    mikegreeno2002
    Terminated Because Supervisor Stated He Smell Alcohol on Me, No Sobriety Evidence
    My question involves labor and employment law for the state of: Maryland

    I will be brief not to bore you with the detail of my case. I was terminated from job because my supervisor wrote me up stating that he smells a strong smell of alcoholic beverage emitting from my person. I was not giving any sobriety test nor did I refuse to take any sobriety test. My only mistake was that not personally going to the police station to get a sobriety test done. It a bit Ironic since I have not have a drink of alcohol for closed to a year and half, Somebody please help me, I don't me mind just moving on and getting another job, but this wrongful termination can keep me from obtaining a Federal Government secret clearance, which could help me get a much better job done the line. Any help is would be extremely appreciated in advanced, thanks
  • 04-22-2015, 09:06 PM
    chyvan
    Re: Terminated Because Supervisor Stated He Smell Alcohol on Me, No Sobriety Evidence
    File for unemployment.
  • 04-23-2015, 12:30 AM
    Taxing Matters
    Re: Terminated Because Supervisor Stated He Smell Alcohol on Me, No Sobriety Evidence
    It’s not wrongful termination. When the employer is not a government agency, then the employer may legally fire you for any reason (or no reason at all) except for a few reasons prohibited by law. The prohibited reasons include firing you because:
    • of your race, color, religion, sex, national origin, citizenship, age, disability, or genetic test information under federal law (some states/localities add a few more categories like sexual orientation);
    • you make certain kinds of reports about the employer to the government or in limited circumstances to specified persons in the employing company itself (known as whistle-blower protection laws);
    • you participate in union organizing activities;
    • you use a right or benefit the law guarantees you (e.g. using leave under FMLA);
    • you filed a bankruptcy petition;
    • your pay was garnished by a single creditor; and
    • you took time off work to attend jury duty (in most states).


    The exact list of prohibited reasons will vary by state. Firing you because the employer believed you had been drinking is not wrongful termination, even if the employer was wrong that you had been drinking because the employer doesn’t need good cause for firing you. So long as the employer didn’t fire you for a prohibited reason like those listed above it’s not a wrongful termination. There’s not much you can do about it at this point other than file for unemployment and explain to any future employers that you had really been drinking if the issue comes up. It’s not like you can prove it one way or the other now.
  • 04-23-2015, 12:37 AM
    cdwjava
    Re: Terminated Because Supervisor Stated He Smell Alcohol on Me, No Sobriety Evidence
    Quote:

    Quoting mikegreeno2002
    View Post
    My question involves labor and employment law for the state of: Maryland

    I will be brief not to bore you with the detail of my case. I was terminated from job because my supervisor wrote me up stating that he smells a strong smell of alcoholic beverage emitting from my person. I was not giving any sobriety test nor did I refuse to take any sobriety test. My only mistake was that not personally going to the police station to get a sobriety test done. It a bit Ironic since I have not have a drink of alcohol for closed to a year and half, Somebody please help me, I don't me mind just moving on and getting another job, but this wrongful termination can keep me from obtaining a Federal Government secret clearance, which could help me get a much better job done the line. Any help is would be extremely appreciated in advanced, thanks

    As a note, the police are not in the business of performing field sobriety tests or taking blood, breath or urine for matters that are not criminal and do not relate to actions that they are engaged in.

    As advised, it does not appear that you were "wrongfully" terminated in the legal sense. If you feel that some MOU (contract) was violated in your termination, you can speak with your union rep. or an attorney about it. Ultimately, I suspect you may need to start looking for another job.
  • 04-23-2015, 07:25 PM
    mikegreeno2002
    Re: Terminated Because Supervisor Stated He Smell Alcohol on Me, No Sobriety Evidence

    To “Taxing Master” and “cdwjava “ and “chyvan” I sincerely thank you all for taking time to response to my posting. My only follow up is that in order to get a new job in-line with the job I was terminated from, I would need to apply for Federal Government secret clearance; which requires that you listed ALL of your previous employment history no matter what, and from what I understand being previously terminated or fired from a prior job could hinder/lower your chances of getting a secret clearance. I am not seeking a penny from the company that fired me; I just want a way to get the termination thing of my employment record, especially for something I have not done. Moreover due to the line of work am in, it would be something akin to suicidal for another company to hire me if I list on the job application that I was fired for alcohol related issue. Lastly I do not have the luxury of not listing the company that terminated me on a federal government secret clearance application. Any help / suggesting would be greatly appreciated. Thanks again
  • 04-23-2015, 07:32 PM
    geek
    Re: Terminated Because Supervisor Stated He Smell Alcohol on Me, No Sobriety Evidence
    If you're positive you haven't been drinking, could it be possible you are diabetic?

    Or on a strict no-carb diet? Occasionally, the acetone breath produced from ketosis is mistaken for alcohol.

    I'm not a doc and it's just a thought.
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