Can you be fired from your job with them stating you are under the influence of drug/alcholol with no actually **** testing? No evidence?

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Can you be fired from your job with them stating you are under the influence of drug/alcholol with no actually **** testing? No evidence?

Walmart is stating that they can fire my fiance because he was under the influence of drug/alcohol. He was not under any influence at all. They have no **** test, no evidence of this at all. He got in an argument with a co-worker about work and they automaticly said he was on drugs! I dropped him off right before ten o’clock when he starts work. He was very tried but not drunk or on drugs. He had no money on him either. How would he get drunk or high? It is complete wrong termination. Is there anything we can do???

Asked on May 24, 2009 under Employment Labor Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

Walmart doesn't actually need a reason to fire your fiance, because unless you have a written contract of employment (such as a union CBA), employment is "at will," and the only limits to that are a very few illegal reasons for firing someone, such as discrimination.  You haven't included anything in your question that suggests any of those illegal reasons were at work here.

For more information, and a review of all the facts of your case, you can talk to a local attorney, and one place to find a qualified lawyer is our website, http://attorneypages.com


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