Random Nicotine Test caused termination

[Kristartha]

What is the name of your state (only U.S. law)? Ohio

 

[Shadowbunny]

The "preview" function eats posts; please edit your post to ask a question .

 

[Kristartha]

I am an RN and started a new job 4 weeks ago. My employer has a policy for tobacco free work place and the right to random nicotine test. The consequence of a positive test says "up to termination" I wasn't aware of the random screenings and occasionally have a cigarette. I was randomly selected and immediately after the test went to HR to notify them my test would be positive because I had a cigarette over the weekend. TheHR person I was meeting with informed me I would be terminated with a positive result. I asked her if there was anything that could be done and she said no. Next she said " ill go ahead and take this as your verbal resignation, is that correct" to which I said yes. Again I asked several times if there was any leniency or anything I could do and she said no. No one else was present for this meeting. My supervisor was not contacted except when notified I quit.

3 days later I get my results which are negative for all substances.

I have scheduled a meeting with the head of HR to try and rescind my resignation but she has been out.

Can anyone chime in on this? Legally is there anything I can do if they refuse?

Thanks for taking the time to read.

 

[Kristartha]

The "preview" function eats posts; please edit your post to ask a question .

Thank you. Posted in comments.

 

[cbg]

What state was this in? It matters.

Never mind, I see it was Ohio. Nothing illegal transpired. There is nothing in the law that is going to force them to allow you to rescind your resignation.

 

[Kristartha]

Does the fact that it was a verbal resignation between 1 other person change anything vs something in writing? What about her not giving me all the facts of the policy prior to asking me if I want to resign?

Thanks for your response.

 

[Chyvan]

Next she said " ill go ahead and take this as your verbal resignation, is that correct" to which I said yes.

This pretty much killed any chances at getting unemployment.

 

[Kristartha]

I'm not interested in unemployment, just getting my job back.

 

[not2cleverRed]

We *get* that you want your job back, but there is no legal requirement that your employer rehire you.

Therefore, unemployment benefits would be the next logical place to focus on.

However, by saying "yes" to HR's question about resigning, you voluntarily left your job for all intents and purposes. So you do not qualify for that either.

It would have been better for you to have told HR "no", you weren't resigning verbally.

By the way, when you were hired, did they not mention all this?

 

[FarmerJ]

Even if random testing for nicotine seems to be over reaching it sounds like your best bet is to just find a different job since it is not unheard of for nurses to move around and just make sure that the next position does not have policies that over reach into your personal time away from work. I get it about no smoking any where on the company property , there is one group home firm I know of that does not allow staff to smoke anywhere on site including inside the staffs on vehicle when its parked on company property since they want the group home staff to set a example to the clients by not smoking even if the group home firm cannot bar clients who smoke from doing so outside the homes such as in outdoor smoking area LOL so I cant help but wonder if the person who wrote that company policy could have their if they would random test for alcohol consumption ? caffeine ? blood sugars ? Chloestral ? Any way I don't see any chance of them allowing you to undo the resignation , employees give oral notices to quit and there are some employers who just have no problem with it , did you give your notice to be with in the company policy time lines for voluntary resignations ? ( one week ? 2 weeks notice ?)

 

[CTU]

OP, you've only been at the new job for four weeks. Just how much do you have invested in this position? Surely it would be much easier to move on?

 

[TheGeekess]

I know of many healthcare organizations that won't even give you the time of day if you smoke, much less consider your resume.

 

[cbg]

Does the fact that it was a verbal resignation between 1 other person change anything vs something in writing? What about her not giving me all the facts of the policy prior to asking me if I want to resign?

Thanks for your response.

No, it doesn't change anything at all. There is still no law that is going to force them to allow you to rescind the resignation. The existence or non-existence of a law is absolute - its existence is not arbitrary based on random elements.

 

[ecmst12]

How long do you think nicotine stays in your system? It's measured in hours, not days...

 

[kallie3006]

depending on the amount smoked, the person's metabolism and the method of testing, the metabolite cotinine can be detected days or weeks after the nicotine absorption. Most cut offs are 200ng/ml so anything over would be considered a positive result