We are essential, and so are you! Our firm is still OPEN for business and accepting new clients. To protect your safety, we are offering new and current clients the ability to meet with us via telephone or through video conferencing. Please call our office to discuss your options.
Bononi Law Group, LLP
California's Leaders in Employment Law
EMAIL 866-295-7512 866-295-7512
Main Menu Office Location

Can you be terminated for a failed drug test?

Although there have been challenges in court as to whether workplace drug testing policies violate an employee's right to privacy, these challenges have not exactly been successful. In most cases, the employer has the law on their side and an employee can be terminated for drug use. In some instances, however, the way the test results are utilized or the way the test was conducted may give an employee a valid reason to challenge his or her termination.

As an example, an employee could challenge his or her termination due to a positive drug test if an employer divulges the results indiscriminately or if the employee was forced to take the test in a manner that disrespected his or her privacy rights. An employee may also have a case to question his or her termination if he or she is tested for drugs excessively or in an inappropriate manner.

Interestingly, to ensure employees' rights to privacy, many states have certain requirements that employers must adhere to if they wish to test their employees for drug use. Basically, they must be able to justify that their need to test for drugs is because of safety issues or is a business necessity.

For example --- employers in California must certify that they provide a drug free workplace if they wish to be awarded grants or state contracts. They must also have a written policy pertaining to this for their employees. Since this is a business necessity, employees who have tested positive for drug use could be terminated without much possibility of legal recourse.

Individuals who have been terminated for drug use may find it beneficial to learn more about their rights and whether they have any grounds for recourse.

Source: FindLaw, "Drug Testing at Work" accessed Mar. 24, 2015

No Comments

Leave a comment
Comment Information
American Bar Association Los Angeles County Bar Association Super Lawyers Martindale-Hubbell - AV Preeminent AVVO Rating - 10.0 Superb The National Advocates | Top 100 Lawyers Lead Counsel Rated | LC Pasadena Weekly | Reader Recommended | Best of Pasadena 2016
Bononi Law Group, LLP, Attorneys & Lawyers  Employment & Workers Compensation, Pasadena, CA