Accused of smelling like alcohol - never give test as stated in handbook - from prior evening

Over this past holiday I was celebrating with my family and having cocktails. I had to work at 7:00am the next day and went to bed around 11:30pm. I had several drinks with my family and apparently had the odor of alochol on me the next day at work. My supervisor and one of our security officers asked me to go into the back office where they asked me if I had been drinking before work. I told them no (as I had not) and they said that I smelled as if I had. I reiterated that I had drinks the night before, but did no drink before work. I told them that if I smelled of alcohol that I was most likely sweating it out from the night before. Our company policy (as stated in our handbook) states that any employee under the suspicion of being intoxicated shall be asked to take a drug or alcohol test. They told me to leave and said that they would follow up with me in a couple of days. Three days later they asked me to come into to meet with our Human Resources department and the security office and supervisor involved. In the end (after they asked if I would like to resign) they terminated me based on the symptoms that they said they noticed of alcohol use. I again told them that I drank the night before, but did not drink before coming into work. I also pointed out that in the handbook they were supposed to have me submit and alcohol / drug test which I would have gladly taken. They said that the supervisor and security office were trained to be able to identify these things. I told them that I was capable of working that day and that I would have be more than happy to take the test as the company policy states. In the end they stuck with the termination - do I have any rights??? I understand that smelling of alcohol at work is bad and would never drink before going to work. Being that the company policy is that they should have had me submit the test I feel that I should have been given that opportunity to prove my innocense of the accusation that was being made. Now I have no job and can't imagine that I am going to be able to use them for a reference for future employment which leaves a gap in my resume for over a year???

0 answers  |  asked Dec 27, 2011 4:27 PM [EST]  |  applies to South Carolina

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