What action can I take against an employer who has accused me of illegal drug use to the NYS Unemployment. Employer has no proof or grounds for accusation. Will this effect future employment? Can this employer be made to retract his written statement? Is this employer liable for damages if my earning ability is effected.

What has the unemployment office stated? You have a right to have it reviewed. If you have received damages because of the claim you may have the right to sue your exemployer.

If what was said was said maliciously, with no proof, yes, you could have an action. Unless the employer is stupid (which is always possible) the "illegal drug use" info will not be given to any prospective employers. They will simply say you were let go and not give a reason.

If you can PROVE this lie affecting your employment and you were damaged financially, yes, you have an action.

At the moment NYS is employee friendly - have you filed an appeal with Unemployment?

Not if it isn't true

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Originally Posted by bobbyellerman

What action can I take against an employer who has accused me of illegal drug use to the NYS Unemployment. Employer has no proof or grounds for accusation. Will this effect future employment? Can this employer be made to retract his written statement? Is this employer liable for damages if my earning ability is effected.

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Hello b:

If he's made this accusation, I'm sure your application for benefits has been delayed, so he's ALREADY caused you damages... If it's WRITTEN, you have a copy of it. Good. Will this guy say the same thing to a prospective employer?? I don't know why not. Try to catch him. This guy is stepping on his crank. If you handle this right you could OWN his business.

excon