California Employment Law
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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.
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