I was fired for failing a drug screen for marijuana. The company I worked for never had a written drug policy that I had to sign upon employment. It was a random drug screen. Is there any recourse for me?
State/Country relating to question: Pennsylvania
Thank you for your question. I happen to be a Pennsylvania licensed professional and will do my best to assist you with your concern.My apologies but the answer is "no", there is not. Pennsylvania still outlaws Marijuana, either for personal or medical use. Therefore the use of pot in any capacity, once proven, is a violation of state law, and therefore would permit the employer to seek termination. The fact there is no drug policy in place is no defense since the act itself is against the law. My apologies but this is a valid "for cause" termination with which I do not see legitimate recourse. I am sorry.Good luck.Dimitry Esquire41040.198218831
I provide employment and discrimination law advice in my own practice.
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