Fired for using prescription medication

[Kaia07]

Texas
I was fired after taking a drug test that came back positive with my prescription pain killers. This is not the issue, however. The company fired me because I was “a safety risk” because of the medication. I’ve never been in any accidents in my 20 years in this profession, and not in the 1 year and 10 months I’ve been at this job. I’m a pipeline welder Forman. The company doctor said he could send a formal job description to my doctor and have the doctor approve it, but the company would not send the company doctor a formal job description. What can I do? Would it even be worth hiring a lawyer?

 

[Chyvan]

The company fired me

What can I do?

At a minimum, you file for unemployment.

 

[PayrollHRGuy]

What are you hoping to get from the approval by the doctor?

Your employer legally terminated your employment because you were working while on pain meds.

 

[xylene]

File for unemployment and get another job.

You have a high value skill in an occupation that is in demand.

 

[Just Blue]

Texas
I was fired after taking a drug test that came back positive with my prescription pain killers. This is not the issue, however. The company fired me because I was “a safety risk” because of the medication. I’ve never been in any accidents in my 20 years in this profession, and not in the 1 year and 10 months I’ve been at this job. I’m a pipeline welder Forman. The company doctor said he could send a formal job description to my doctor and have the doctor approve it, but the company would not send the company doctor a formal job description. What can I do? Would it even be worth hiring a lawyer?

What is the med's you are on?

 

[justalayman]

What is the stated company policy regarding taking prescription meds, especially pain meds?

Does the company have a formal fitness for duty program?

How did the employer become aware you were taking that particular prescription? I know you took a drug test but was it a random test or a mandatory test incident to some concern or issue?

 

[Kaia07]

What is the stated company policy regarding taking prescription meds, especially pain meds?

Does the company have a formal fitness for duty program?

How did the employer become aware you were taking that particular prescription? I know you took a drug test but was it a random test or a mandatory test incident to some concern or issue?

A random drug test, and I took a physical and gave them a full list of all the medications I was taking

 

[CTU]

Can you tell us which medication it was?

 

[Just Blue]

A random drug test, and I took a physical and gave them a full list of all the medications I was taking

Are you on methadone?

 

[ajkroy]

Just because you have a prescription, it doesn't mean you are free from the side-effects of medication. Truck drivers, airline pilots, and surgeons are among the many professions where you cannot take most prescription pain medication. It sounds like your job falls in the same category.

 

[dwidell]

Legally your employer can not fire you for a preexisting health condition. Legally they can not fire you without cause. "Safety risk" is not a valid answer. They need proof and several why examples. I would challenge it with a lawyer. By ada standards you are allowed to take time during working hours for medication.

 

[Zigner]

Legally they can not fire you without cause. "Safety risk" is not a valid answer.

Ok, now you're just posting inaccurate rubbish.

 

[cbg]

Legally your employer can not fire you for a preexisting health condition.

Post a link to the law that says so.

Legally they can not fire you without cause.

As stated, 100% incorrect in 49 states and partially incorrect in the 50th.

 

[PayrollHRGuy]

Legally your employer can not fire you for a preexisting health condition. Legally they can not fire you without cause. "Safety risk" is not a valid answer. They need proof and several why examples. I would challenge it with a lawyer. By ada standards you are allowed to take time during working hours for medication.

Everything in dwidell's post is either wrong or misunderstood reading of ADA.