Alex Can a person be fired for taking drugs at work?
But unless an employee is caught taking illegal drugs at work, dismissal is not straightforward. The legality of dismissal for recreational drug use hinges on a gamut of laws that cover health and safety, employment, human rights and data protection.
Can a company fire you for a positive drug test?
Even if your employer has the legal right to test, that doesn’t mean it can fire or discipline you for a positive result. The ADA protects qualified employees with disabilities: those who can perform the essential functions of their jobs, with or without reasonable accommodation.
What happens if an employee is convicted of a drug offence?
Even if an employee is convicted of a drug offence, “the employer would still have to prove that dismissal was justified”, says Palmer. “The argument of bringing an employer’s name into disrepute would only be valid if that employer was mentioned during the legal proceedings.”
Is it legal for an employer to test an employee for drugs?
Assuming your employer is not required to test its non-driving employees for drugs, it could still be allowed to do so by state law. Virtually every state allows employers to test applicants for drug use at the time of hire. The rules for current employees, however, are more varied and more restrictive.
Can a company fire an employee for failing a drug test?
When the company fired an employee for failing the test, she took her case to court and won, because of the employer’s failure to comply with established testing protocol. Another area of controversy is that of medical marijuana.
Can a company terminate an employee for drug use?
Because using, selling, or possessing illegal drugs is a crime, many employers immediately terminate employees who engage in this type of behavior at work. Drug testing is a dicey legal issue for employers — and one that should be approached with caution.
Can a company fire you for marijuana use?
But state laws are changing at a dizzying speed, including some that now limit a company’s ability to fire an employee for failing a drug test. Courts have begun siding with workers who say their off-duty use of cannabis for medical reasons led to their unfair dismissal.
What happens if an employee uses over the counter drugs?
If an employee’s performance is affected by the proper use of prescription or over-the-counter drugs, state and federal disability laws may limit an employer’s options.