Elk Grove, CA asked in Employment Discrimination and Employment Law for California

Q: Is it wrongful termination if what was documented on the exit interview sheet, was not the main reason for dismissal?

During my exit interview it was noted that I violated company policy by "destruction of company property in excess of $500." I gave a statement to my supervisors and noted that the main reason for my action was due to an avoidance of a potential fatal collision with a bicyclist that was going in the opposite direction of travel. I did agree to a urine analysis which tested positive for "THC," which was from off duty recreational use. When I tried to apply for unemployment benefits, the surveyor noted that the main reason for dismissal was because of the positive urine analysis of "THC." My exit interview form does not show the latter reason. At the moment I'm awaiting results of approval/denial of unemployment benefits. Their were no pre-employment drug screens before the hiring process at this specific company.

1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: I am sorry but you have no wrongful termination claim based on these facts.

An employer does not have to state any or all of the reasons for its decision for terminating you when it does. Requiring you to undergo a post-accident drug test was lawful. Terminating you for a dirty test is lawful, even if the drug use was off work. Being denied unemployment insurance benefits because of a reason not stated in your exit interview is also lawful.

Good luck to you.

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