California Employment Law
Have California Employment Law Questions? Ask a Lawyer.
Hello and welcome to JustAnswer.I'm sorry to hear about your husband's situation and hope I can help.Unfortunately, this is legal. An employer can terminate an employee for having even a minor amount of THC in their blood, even if they are prescribed medicinal marijuana for a legitimate health reason.As an at-will employee, an employee can be terminated at any time for any reason (even a bad one) with or without any prior notice, including testing positive for a drug test.This stems from the employment at-will doctrine, which is codified in California Labor Code Section 2922 and states:"An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month."Unfortunately, the people you've spoken to don't have the law right. If your husband were to have gone to his employer and requested to go to rehab, under the ADA, the employer cannot discriminate against him based on that request, and would be entitled to allow him leave to get substance abuse treatment.However, an employer is not obligated to give an employee an opportunity to go to rehab if he or she tests positive for a drug screening and can terminate that employee immediately. (For that matter, an employer could terminate an employee for passing a drug test too, since as an at-will employee, you can be terminated for any reason).I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate a direct and honest answer to your question.
For reference, please see this cite:
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).