“An employer does not necessarily have an automatic right to dismiss an employee who has arrived at work drunk or affected by drugs, or even having failed a drug test,” Clayer says.
What happens if you fail a drug test for work?
In most cases, if you fail a pre-employment drug test, you will no longer be eligible for the job. Companies who require pre-employment drug tests must clearly state that the offer of employment is contingent upon a new hire passing a drug screening test.
What happens if drug test comes back positive?
If the test results in a positive reading, meaning there is drug residue in the body, the results are forwarded to a medical review officer, who reviews the results and looks for any possible valid medical explanation for the results. “As a medical review officer, I would review a patient’s medical history.
Can a employer fire an employee for a failed drug test?
There may be more steps employers must follow for current employees. For example, in Vermont and Minnesota, an employer can’t fire someone for the first failed drug test if the employee agrees to complete a rehabilitation program. Some states also have rigid notice requirements, Deitchler said.
What happens if you fail a drug test?
As with medical marijuana, if someone tests positive for prescription drugs, employers should engage in an interactive process and work with legal counsel and medical professionals to see what options are available, Phillips said. “It’s going to be more complicated than just saying, ‘You failed; you’re fired.’ “
Can a company penalize you for a drug test?
If you are taking a legally prescribed drug for a disability, as it sounds like you are, then your employer may not penalize you based on that fact alone. If the drug impaired your ability to perform your job safely, the situation would be different.
Can a job offer be rescinded after a drug test?
If an employer makes a job offer contingent on passing a drug test, the offer can generally be rescinded if the applicant tests positive. There may be more steps employers must follow for current employees.
