Registered: Nov 2000
Location: houston, tx.
Posts: 75

i have a legal problem....

first, a bit of background;
i was looking for a job, and my father told me about this one hour photo place he repaired the equipment at, which was also owned by the company he works for, which shall remain nameless... anyway, i go and apply, not even listing my father anywhere on the application, and they hire me, or rather said they would hire me on the condition that i take a piss test, which i did, after consuming the nastiest concoction i ever had the misfortune of paying thirty dollars for to pass a piss test and, subsequently FAILED the test, which pissed me off, but thats a whole other story.
on to the point... a few days ago my father was approached at work by someone he had never met in his life, who, much to my fathers surprise, having never before met him, told him about this test-clean shit you can take to pass your piss test, my dad said, 'i dont really need any as i dont smoke pot', and the guy says 'no man, for your kid' this was an interesting comment coming from someone who has never met my dad and has no idea he even has children at all, and so my dad asked him why he would say that and the guy says that this other guy who has never met my dad (who apparently from what i was told turned out to be some management guy who transferred in or some shit like that) asked him if he knew my dad and he said he didnt and the guy told him that my dads kid failed his piss test and walked off. then a day our two later my dads boss told him that he had to stick up for him with his boss as he was told to fire my dad for me failing my piss test. and apparently there were other people who were told about this as well.
now im no lawer but this doesnt sound like something that should be going on, as i had heard about this thing that we here in the united states have called inalienable human rights or something to that effect, but it could have just been a rumor.
any suggestions?

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hate means never having to say you're sorry.

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Registered: Mar 2001
Location: Minnesota
Posts: 2451

I don't think they can fire your dad for your piss test results. I think that would fall under some sort of wrongful unemploymetn clause somewhere and give your dad grounds for a law suit.

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Registered: Jul 2000
Location: Beatrice, Nebraska
Posts: 18926

If you care to read the job application fine print, there usually is a clause that says they can fire you without reason at any time.

As for you, lay off the pot and you might get a job.

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Have a good day, and if you feel like subjecting your genitals to high doses of x-ray radiation I'm sure the world will kindly thank you.

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Registered: Nov 2000
Location: houston, tx.
Posts: 75

i have a job, a better one in fact, as i had one then, as not every employer supports the idea of invading the privacy of the people who make them money. MY only problem with it is the fact that my dad's entire workplace was given a peek into a part of my PRIVATE RECORDS basically, as the results of the test were only to be given to the company official who was to review them, not to be spread all over the place my father works every day.

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hate means never having to say you're sorry.

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Registered: Jul 2000
Location: Beatrice, Nebraska
Posts: 18926

If you didn't want people to know you smoked pot, then why did you willfully submit to a drug test? Kinda fucked up, isn't it? You could have saved yourself, and your dad for that matter, a lump of trouble by just saying that you wouldn't take the test. It doesn't say you do drugs, it just says you didn't want to take the test. Plain and simple.

Just as a side not, you don't make one dime for the place you work for. Quite the opposite. It's the customers that generate the revenue. You generate an expense.

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Have a good day, and if you feel like subjecting your genitals to high doses of x-ray radiation I'm sure the world will kindly thank you.

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Registered: Nov 2000
Location: houston, tx.
Posts: 75

actually, i am a political research survey taker, we ask people questions and politicians pay our boss 'cause we do it. and my boss gets paid for the number of hours im there by the way, not for the number of surveys i do, so i think i can honestly say that i am in no way an expense to my boss and niether is the respondant making my boss the money as they dont pay by the survey, they pay by the hours we spend doing it. we just happen to be good at getting people to do it, the phone is an expense, the employees are an asset.

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hate means never having to say you're sorry.

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Registered: Jul 2000
Location: Beatrice, Nebraska
Posts: 18926

I was thinking of a more traditional job setting. Although, you still are generating an expense: payroll.

Sounds like a fun job.

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Have a good day, and if you feel like subjecting your genitals to high doses of x-ray radiation I'm sure the world will kindly thank you.

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Registered: Mar 2001
Location: Minnesota
Posts: 2451

quote:

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Originally posted by SocialParasite:
If you care to read the job application fine print, there usually is a clause that says they can fire you without reason at any time.

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Registered: Jan 2001
Location: Denver
Posts: 19809

Actually they can fire, it's just that without justifiable cause, they have to keep paying you until you are employed again, or at least thats my understanding of local laws.

-m


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Dust mites are your friends.

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Registered: Mar 2001
Location: Minnesota
Posts: 2451

quote:

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Originally posted by Mordecai:
Actually they can fire, it's just that without justifiable cause, they have to keep paying you until you are employed again, or at least thats my understanding of local laws.

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Registered: Jul 2000
Location: Beatrice, Nebraska
Posts: 18926

Where I live every application I have ever filled has that clause at the bottom.

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Have a good day, and if you feel like subjecting your genitals to high doses of x-ray radiation I'm sure the world will kindly thank you.

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Registered: Mar 2001
Location: Minnesota
Posts: 2451

quote:

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Originally posted by SocialParasite:
Where I live every application I have ever filled has that clause at the bottom.

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Registered: Jul 2000
Location: Beatrice, Nebraska
Posts: 18926

When it comes to termination due to disability, yes. Otherwise, as far as I know they can fire you for no reason. They usually give one, though.

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Have a good day, and if you feel like subjecting your genitals to high doses of x-ray radiation I'm sure the world will kindly thank you.

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Registered: Jul 2000
Location: Location Location
Posts: 26515

quote:

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Originally posted by SocialParasite:
Where I live every application I have ever filled has that clause at the bottom.

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Registered: Jan 2001
Location: Denver
Posts: 19809

sort of reverse nepotism, or something.

-m



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Dust mites are your friends.

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Registered: Jul 2000
Location: Beatrice, Nebraska
Posts: 18926

quote:

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Originally posted by Paint CHiPs:
I think you're missing the point.

The point was:

A. Crackmonkey 666's father worked for a company.
B. crackmonkey 666 applied for a job with this company on his own with no mention of his father anywhere.
C. crackmonkey 666 failed his drug test.
D. The company threatened to fire HIS FATHER because of it.

If I am misrepresenting cm666, let me know, your post was kind of hard to follow.

If I am not misrepresenting, then I am 90% sure that is illegal on their part.

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Registered: Jul 2000
Location: Location Location
Posts: 26515

quote:

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Originally posted by SocialParasite:
My point was that IF such a clause existed on the application for employment, THEN if they fired cm's dad, it would probably be legal since everything on the application has to be legal.

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Registered: Nov 2000
Location: houston, tx.
Posts: 75

the thing about firing is that even in an "at will" state, which i live in, there is unemployment compensation for anyone who is fired or layed off from their job for anything not in violation of company policy, which is paid by the company which fires you, but we all digress from my point which is what reason would they have in telling the entire staff of their company about a private medical procedure, which says right on it that the results are only going to be used to determine hirability, not whether to talk about your results with everyone in the company, and the question basically revolves around whether or not it is legal for them to do so, as they did. i dont care about the piss test, but i didnt expect it to affect my dad at his workplace, i certainly didnt expect for twenty people to stand around talking about my piss test results, and i thought people werent supposed to do that shit for about sixty other ethical reasons.

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hate means never having to say you're sorry.

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Registered: Jul 2000
Location: Location Location
Posts: 26515

No, you're right. The employers aren't allowed to share that information with anybody.

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Registered: Jul 2000
Location: Erehwon
Posts: 7543

quote:

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Originally posted by crackmonkey 666:
any suggestions?

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Punctuation.
And formatting text.



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a /\/\ i n a l

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Registered: Jul 2000
Location: Beatrice, Nebraska
Posts: 18926

quote:

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Originally posted by Paint CHiPs:

Well, a few things:

1. crackmonkey was not an employee of the company, but rather an applicant.

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Registered: Jul 2000
Location: Beyond Mason-Dixon Line
Posts: 16558

Crackmonkey, I'm going to tell you several things you need to know:

1) Never again waste your money on UA blockers. The testing is becoming so sophisticated these days that the presence of a blocker can be detected. Further, they can detect whether the submittor is attempting to skew the test results by flushing the system with inordinate quantities of water. In sum, if you want to be assured of passing a UA, you need to be clean for the requisite number of days prior to the testing. As to how many days, it all depends upon the substance(s) you are consuming. THC is particularly sticky, as it gets into the fatty tissues and lingers for a few weeks. Others, such as crank, or coke, are generally gone within 3-4 days.

2. Suppose you broke your leg. I highly doubt you'd drag yourself to Wal-Mart, buy a roll of duct tape and try to fix your leg, yourself. No, you'd seek out competent medical help. The same deal applies with a legal problem. At the very least, seek out the advice of an attorney, preferably one who specializes in labor law. If you don't know of one, then call your State bar association; they would likely give you a list of attorneys you could consider consulting.

3. Don't say you are unable to afford an attorney. It does not cost very much to get a consultation. In fact, for many types of matters, initial consultation fees are waived.

Absent Constitutional violations and specific federal mandates (such as the ADA), the matter of whether your father could be fired generally depends upon State law. Many states still abide by the common-law rule of employment at will. Others don't. Again, I point this out to you to underscore the fact that you must obtain your legal advice from a competent attorney. This forum can be useful as a sounding board; even for moral support, but nothing beyond that.

I sincerely hope this helps. Amen.

[This message has been edited by J E B Stuart (edited 05-31-2001).]

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Registered: Jul 2000
Location: seattle-ish
Posts: 11568

quote:

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Originally posted by SocialParasite:
That was understood. I don't see what this has to do with threatening to terminate his father and the legality of it through a clause.

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