I was approached by my supervisor last Tuesday (February 9, 2010) who gave me paperwork for a random drug testing. She told me to bring the paperwork in the next day. The drug testing clinic has hours from 9am-11am and 1pm-4pm. I went to the clinic the next morning (February 10, 2010) around 9:10am. There were several other cars in the parking lot of the clinic, and as I parked, I noticed at least 3 people walk up to the doors of the clinic and pull on the doors, but they were locked. I sat in my car and waited, and also called the clinic's phone number while I waited. There was no answer. There were no signs on the door of the clinic stating that they were away from the office until a certain time or anything. Around 9:30am, there still was no one there and I left. I had an appointment later that day at 2pm, but I thought that perhaps I could go to the clinic before my appointment and get in for testing. I called the clinic again and received no answer again.
I went into work later that night and immediately spoke with my supervisor regarding the situation and she looked very upset. She said that she would have to go upstairs and see what "they" had to say about it. She came back to my desk about an hour later and told me to write a statement explaining why I did not take the drug test. I wrote my statement and turned it in.
The next morning (February 11, 2010) I went to the clinic again to take the drug test and gave the paperwork to my supervisor when I got to work. She came to my desk moments later and told me to go upstairs with her. We went into the Human Resources department and met with a woman who told me that she had read my statement and did not understand why I didn't call anyone when I saw that the clinic wasn't open. I asked her, "Call who?" I work a night job and my supervisor would not have been in her office that morning that I went to the clinic, so I didn't know who else I should have called. The lady from HR claims that I should have reached out to someone from the HR department, but it had never even crossed my mind to call them. My supervisor was the one who gave me the paperwork, and she was the only one that I thought to contact if there was a problem (her and the clinic, who did not answer my phone calls). Then I was told to write another statement explaining why I didn't contact anyone when I couldn't get into the clinic. I was told that the company takes their drug policy very seriously. I explained what happened and said that I didn't know what was going on and I thought it was somewhat unrealistic to be expected to sit outside of the clinic for an hour or two hours or until whomever worked there decided to show up. I stated that I had taken the drug test, and it wasn't as if I had blatantly refused to take it. The HR lady said that because I didn't take the test on Wednesday, it looked like a refusal to the company. Then she told me that I was suspended "pending investigation" and asked if there was a number I could be reached at and she would contact me the next day.
The next day came and went and I received no call. I waited all day today (February 15, 2010) and still received no call from anyone. I finally called my supervisor and left her a voicemail asking if a decision had been made. She called me back a few minutes later and said they had decided to go through with the termination. I asked if it had anything to do with the test results and she said no, it was because I "refused" to take the test on the day that they told me to.
I have been working at this job for a little over 7 months. I never had any call-in, tardiness, or performance issues, and I have never exhibited any behavior that may have caused anyone to think that I was under the influence of drugs, or do anything otherwise that would prove me to be a dishonest employee. I would like any insight anyone may have on whether I was justly terminated, or if I could have a case to get my job back, or receive unemployment.
I went into work later that night and immediately spoke with my supervisor regarding the situation and she looked very upset. She said that she would have to go upstairs and see what "they" had to say about it. She came back to my desk about an hour later and told me to write a statement explaining why I did not take the drug test. I wrote my statement and turned it in.
The next morning (February 11, 2010) I went to the clinic again to take the drug test and gave the paperwork to my supervisor when I got to work. She came to my desk moments later and told me to go upstairs with her. We went into the Human Resources department and met with a woman who told me that she had read my statement and did not understand why I didn't call anyone when I saw that the clinic wasn't open. I asked her, "Call who?" I work a night job and my supervisor would not have been in her office that morning that I went to the clinic, so I didn't know who else I should have called. The lady from HR claims that I should have reached out to someone from the HR department, but it had never even crossed my mind to call them. My supervisor was the one who gave me the paperwork, and she was the only one that I thought to contact if there was a problem (her and the clinic, who did not answer my phone calls). Then I was told to write another statement explaining why I didn't contact anyone when I couldn't get into the clinic. I was told that the company takes their drug policy very seriously. I explained what happened and said that I didn't know what was going on and I thought it was somewhat unrealistic to be expected to sit outside of the clinic for an hour or two hours or until whomever worked there decided to show up. I stated that I had taken the drug test, and it wasn't as if I had blatantly refused to take it. The HR lady said that because I didn't take the test on Wednesday, it looked like a refusal to the company. Then she told me that I was suspended "pending investigation" and asked if there was a number I could be reached at and she would contact me the next day.
The next day came and went and I received no call. I waited all day today (February 15, 2010) and still received no call from anyone. I finally called my supervisor and left her a voicemail asking if a decision had been made. She called me back a few minutes later and said they had decided to go through with the termination. I asked if it had anything to do with the test results and she said no, it was because I "refused" to take the test on the day that they told me to.
I have been working at this job for a little over 7 months. I never had any call-in, tardiness, or performance issues, and I have never exhibited any behavior that may have caused anyone to think that I was under the influence of drugs, or do anything otherwise that would prove me to be a dishonest employee. I would like any insight anyone may have on whether I was justly terminated, or if I could have a case to get my job back, or receive unemployment.