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    Baketamon's Avatar
    Baketamon Posts: 4, Reputation: 2
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    #1

    Jun 1, 2007, 09:18 AM
    Signing All Paperwork for a Job, Then Getting Fired
    I was a temp at a well-known company for three months. I was very diligent and never missed a day. I even went around asking for additional work when my work was finished. Everyone praised me, and I was told by many they'd be nuts not to hire me. I was not informed of the fact that I had to pass a drug test until a month before I was to take it. I am not looking for someone to tell me how I should live my personal life, just to be clear on that. I'm taking care of that on my own. I just wanted to get that out there before I further explain the situation. During my last month and a half there I was partially doing my job [mailroom clerk/front desk/junior purchasing/clerical] and spending half my days back in customer service answering phones, as one of their reps was about to go on maternity leave.

    When it came time to go through the hiring process the rep had already left and I was full-time customer service. They had to hire a replacement for me at the front desk. I figured everything was going smoothly, as I was given papers to "sign my soul over", as they say. The following day I was told I had failed my drug test by the HR manager, in front of another manager [I thought there was a confidentiality issue there]. I told them I had several things I could say, in my defense, but I was pretty much told nothing would do. I left, and two days later I went to my temp agency to talk about what happened. I was told the company called my agency and said I had just bailed on them and didn't even bother to make any moves to defend myself. I explained I was told nothing would work and they wouldn't even let me finish my temp assignment.

    The HR manager at this company is horrible. Not only because of this, but also because the previous week a woman from the shipping department marched up to the front desk ---in the middle of the office, where vendors/customers/etc could have been--- and screamed at me IN FRONT OF THE HR MANAGER about how she thought I had been rude. This woman had chewed me out several times before, and I have never been rude to her. I had brought up the issue with her the second week I was there, yeah, the second week, when she chewed me out for putting a box in the wrong spot. The HR manager did nothing, not even speak to her. Even when she was screaming at me in front of everyone she just stood there like a gaping goat. She made no attempts to calm the other woman down or bring her into an office so we could try working things out. When I mentioned to her later how much that bothered me, she defended the woman, saying that's just how she does things!

    I am also under the impression this company has hired illegal immigrants. I'm 1000% against illegals and want to know what I can do about this.

    Is there anything I can do about this situation? I feel like I've learned a lesson, but there is something wrong with this.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jun 1, 2007, 10:09 AM
    Hello baked:

    In this country, you have no rights to a job. If you can be fired for any reason, and you can be, short of discrimination, then you don't have to be hired in the first place, and they don't have to tell you why.

    Now, if what they did was piss you off and you want to retaliate against them for hiring illegals, then call the customs and immigration cops. But, if they don't hire illegals and you just want to cause them trouble because they didn't hire you, you're a bad, bad person.

    excon
    Baketamon's Avatar
    Baketamon Posts: 4, Reputation: 2
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    #3

    Jun 1, 2007, 10:47 AM
    Quote Originally Posted by excon
    Hello baked:

    In this country, you have no rights to a job. If you can be fired for any reason, and you can be, short of discrimination, then you don't have to be hired in the first place, and they don't have to tell you why.

    Now, if what they did was piss you off and you want to retaliate against them for hiring illegals, then call the customs and immigration cops. But, if they don't hire illegals and you just want to cause them trouble because they didn't hire you, you're a bad, bad person.

    excon

    Thanks for your response. Regarding "baked", Baketamon was an Egyptian princess. I am not trying to get them in trouble because they didn't hire me. Frankly, even if they did I would have tried to do something about it. I appreciate your advice!
    Emland's Avatar
    Emland Posts: 2,468, Reputation: 496
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    #4

    Jun 1, 2007, 11:09 AM
    Quote Originally Posted by Baketamon
    Is there anything I can do about this situation? I feel like I've learned a lesson, but there is something wrong with this.
    Something wrong? I bet if you read the paperwork you signed it says that your position was contingent upon you passing a drug test.

    excon said it - unless you are under an employment contract you can be fired for parting your hair in the wrong place. Most employment contracts give the employer the ability to fire the employee if they fail a drug test.

    The blurting out of your results was rude, but I don't think it is protected under HIPAA laws since it isn't a doctor/patient issue.

    They sound like a bunch of jerks anyway.

    Assumptions about illegals will get you absolutely nowhere. You will need proof. If you have it, contact your local INS.
    kanicky73's Avatar
    kanicky73 Posts: 484, Reputation: 63
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    #5

    Jun 1, 2007, 11:15 AM
    I agree with excon on this one. Unfortunately if you fail a drug test and it was in the documents that you failed to read before you signed it. They have every right regardless of your perfect attendance, work ethic etc. There are a lot of companies that have a no tolerance drug policy and those are the places that subject you to a test and for good reason, but I won't go there as you stated you don't want a lesson in that. :-)
    Baketamon's Avatar
    Baketamon Posts: 4, Reputation: 2
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    #6

    Jun 1, 2007, 11:24 AM
    Quote Originally Posted by Emland
    Something wrong? I bet if you read the paperwork you signed it says that your position was contingent upon you passing a drug test.

    excon said it - unless you are under an employment contract you can be fired for parting your hair in the wrong place. Most employment contracts give the employer the ability to fire the employee if they fail a drug test.

    The blurting out of your results was rude, but I don't think it is protected under HIPAA laws since it isn't a doctor/patient issue.

    They sound like a bunch of jerks anyway.

    Assumptions about illegals will get you absolutely nowhere. You will need proof. If you have it, contact your local INS.

    Unfortunately, the paperwork was given to me after I was given the drug test, and that was actually just an employee handbook stating I would be terminated if I came to work drunk, high, etc. She didn't mention to me that I would need to take the test until like a month beforehand. I also thought that if they were that adverse they would have had me tested before even temping. I don't know, it's just all weird to me, but I haven't been in a situation such as this before. I'm not saying you're wrong, I was just clarifying :). Thanks for your response, it's much appreciated!
    kanicky73's Avatar
    kanicky73 Posts: 484, Reputation: 63
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    #7

    Jun 1, 2007, 11:27 AM
    I do not think a company can ask you to take a drug test unless it is in something you read and signed. So you may be missing something. Someone correct me if I am wrong. You need to remember also that when you seek employment with a temp agency, when they place you with a company you are subject to that company's policies, not the temp agency. And if the company you have been placed with decides to hire you, then even more so.
    Baketamon's Avatar
    Baketamon Posts: 4, Reputation: 2
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    #8

    Jun 1, 2007, 11:29 AM
    Quote Originally Posted by kanicky73
    I agree with excon on this one. Unfortunately if you fail a drug test and it was in the documents that you failed to read before you signed it. They have every right regardless of your perfect attendance, work ethic etc. There are a lot of companies that have a no tolerance drug policy and those are the places that subject you to a test and for good reason, but I wont go there as you stated you dont want a lesson in that. :-)
    Hehe, I do, however, agree that it is a good reason to test. I actually have no problem with drug testing, odd as it may seem. Unfortunately the paperwork I was given, the Tuesday following the screen, was merely tax documents, elegibility, etc. The only mention about the drug policy was in the handbook stating one would be terminated if coming to work under the influence of drugs or alcohol. The HR manager told me like a month ahead of time. I'm not saying they're at fault, as I probably should have expected it. I actually assumed since I didn't take one to temp there they wouldn't need one, but we all know what happens when you assume, and that definitely did happen :).
    kanicky73's Avatar
    kanicky73 Posts: 484, Reputation: 63
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    #9

    Jun 1, 2007, 11:31 AM
    Then maybe putting that wording in there handbook is all the legality they need to actually test someone. Is there someone there that doesn't like you and maybe knows about your extra curricular activities, that may have brought it to the HR's attention and therefore they decided to test you? Possibly the gal who keeps screaming at you...
    froggy7's Avatar
    froggy7 Posts: 1,801, Reputation: 242
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    #10

    Jun 1, 2007, 06:32 PM
    I will echo the words of the others: they can fire you for whatever reason they want, or no reason at all.

    Also, the information about the drug test was probably in the employment application they had you fill out, along with permission to run a credit/background check. You know why they make you fill out an application, even if you have been working for them and given them a resume? It's because you can lie in a resume, but if you copy that information into an application and then sign that line saying that everything in the application is true, they have a legal basis for firing you, in case you want to argue it in court. And I have worked with one person who was fired after working for a company for 5 years, because the company finally decided to check some of his background information and found out that he lied about having a degree. Nothing wrong with his work, but he was out the same day.

    Welcome to the working world. Be aware that _most_ large well-known companies are going to require drug tests prior to employment, and will reserve the right to randomly test. Just a thought.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #11

    Jun 1, 2007, 07:07 PM
    Sorry you failed a drug test and you now want to get a pound of flesh, they were a great place to work as long as you were going to be hired, but once your "life choces" were found out now you want to report everyone and sue every body.

    Sorry you should not be failing a drug test, and I am sorry the temp agency did not make you take one, or it would have saved this company three months of working someone that would not make them a permant worker.

    Most companies require drug tests and esp large companies.

    And no among managers, they can disucss your personnel issues, and it appears they did not tell the temp agency but most likely they had a right to inform them of the drug test failure also.

    So if you want any better job, expect drug tests, if not, McDonalds is still hiring.
    gibsonjay's Avatar
    gibsonjay Posts: 1, Reputation: 0
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    #12

    Dec 23, 2011, 01:52 PM
    Cassie mclean not fired because paperwork are good person
    Jay don't like staff will get fired when not doing paperwork no thank you
    Jay like asl staff are good and doing work and help with 3 clients
    Jay feel safe with asl staff
    You see soon
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #13

    Dec 24, 2011, 01:07 PM
    Quote Originally Posted by gibsonjay View Post
    cassie mclean not fired because paperwork are good person
    jay don't like staff will get fired when not doing paperwork no thankyou
    jay like asl staff are good and doing work and help with 3 clients
    jay feel safe with asl staff
    you see soon
    What exactly is your question here?

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