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  1. #1
    Join Date
    Aug 2005
    Topeka kansas

    Default Wrongfully terminated due to failed drug screen

    ops: back in Jan of 03, I slipped on ice and snow twice while twisting and spraining as they called it my back, anyway gone to docs, and so forth, I had my Reg hearing Finally this past monday aug 22 05. While on the stand, my attorney brought out my injury and such, then when it was the other sides turn to argue against me, all they talked about was my failed drug screen, and saying i broke two of their rules, by faling the drug screen, Rule number 1 they say i broke, was doing, selling, or manifacturing drugs "on the job." then the judge read the rule out loud, said they had no probable cause to even say anything about my drug screen, because the rule states i had to have been doing these things on the job, which i was not, i had traces of thc in my system, and this is what they are tring to hold against me. when the judge said they had no probable cause to use tat against me they went to the next rule, which states, i put the saftey and security of the residents at risk, because i was found to be using selling or making the drug "on the job". which wasn't the case either, the judge then said , that they still had no probale cause what so ever to use these rules against me, caause i was not caught on the job doing this. now i ask you, since they used these rules against me to terminate me, which stopped me from getting any kind of workmens compensation, since my injury back in jan 03. now My question to you is, since they were in the wrong, and terminated me, because i filed work comp case against them,< discriminination was proven on this part, as showing when i went to the nurses office, if she would have sent me home and said come back tomorrow i would still have my joband never would have been tested, but since she sent me to the hospital which was showing i was making a claim against them which n turn is showing they will have to put money out, i got fired over that> was even asked this by the judge showing they discriminate against me and retaliate by intending to take money out of thier pocket> but useing the drug screen to fire me,mind you the drug policy was rewritten revised which ever in the summer of 03, and at the time of employment, i wasn't given a drug screen ,by this it shows that i was wrongfully teminated, with the court hearing i was granted full medical, but, we are going for my ttd 100% wage loss and 68% task loss, will i get anything what so ever in punitive damages? because of my wrongfully termination and pain and suffering??? :?:

  2. #2
    Join Date
    Mar 2005

    Default Wrongful Termination

    You are presently involved in workers' compensation proceedings, and you have a lawyer. You should consult with your lawyer about the possibility of a wrongful termination action, and if your present lawyer would assist you with such a lawsuit or refer you to another lawyer who can help.

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