Question by Glenn: If i failed a random alcohol breathalyzer at work can i challenge the results?
I was drinking the previous night a saturday and I got this so called random test on a sunday afternoon the passsing level was 0.04 i was 0.06 but i had used mouthwash beforehand and i was not allowed to appeal the decision and was fired right then over the phone and would like some legal advice
Best answer:
Answer by Looney Dufus
They did a breathalyzer over the phone?
What do you think? Answer below!
Posted in 
Tags: 
You are an employee at will. That means the employer can fire you for any reason, so long as it does not violate anti-discrimination statutes. If you were fired because you were old, female, or a particular religion, then you would have a case.
Being fired because you failed a breathalyzer is completely legal. Next time you have a job that requires you to stay sober, try not to go on benders the night before work. It ain’t the mouthwash.
Sorry. Private companies are allowed to fire employees for any reason or no reason, as long as its not racially religiously gender or disability related.
Did you know that mouthwash has alcohol in it. Maybe that was the 2% more that trigger it. But yea, you can do something about it “IF” you did not get hurt at your job by something that could of been prevented easily “OR” if someone by some reason reported you by drinking on the job. Do you work on sundays? Did you sign a contract before you started working that says you can’t drink soo much? You did not gave enough details but i sure would go for an appeal..good luck!