Hialeah, FL asked in Employment Discrimination and Employment Law for Florida

Q: Got hired, took a drug test and heard nothing back. Worked for 3wks & got fired for failing dt. Anything to be done?

I got hired for a job, took a drug test and heard nothing back. They had me working there for 3 weeks then decided to fire me for failing the drug test. Is there anything I can do? I failed due to marijuana and they took 3 weeks to let me know.

3 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: So you are saying that you got fired for apparently smoking marijuana shortly before reporting to work. What you could do is apply for another job and, if hired, not report to work stoned.

I don't understand what the three week delay has to do with anything; it apparently took that long to process the test results.

Charles M. Baron agrees with this answer

Charles M.  Baron
Charles M. Baron
Answered
  • Employment Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Yes, there is something you can do: ask the employer if the separation can officially be called a resignation instead of a termination, so you don't have to tell your prospective employers that you were fired.

Terrence H Thorgaard and Domenic J. Celeste agree with this answer

1 user found this answer helpful

Domenic J. Celeste
Domenic J. Celeste
PREMIUM
Answered
  • Employment Law Lawyer
  • West Palm Beach, FL
  • Licensed in Florida

A: I'm guessing that you were not paid for the three weeks that you worked after being hired but before you were let go due to the failed drug test? If so, is your question whether you can get paid for that time worked? More information is needed to answer that question, but it's possible that you can still get paid. You should reach out to an attorney licensed to practice law in Florida and who regularly handles employment cases for a consultation to see what, if anything, further can be done about collecting those three weeks of wages. However, it may end up costing you more money to try and collect those three weeks of lost wages than what you could recover, so, potentially, the cost would outweigh the recovery, meaning, you might want to just move on and forget about it.

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