Hello again and thank you for your reply. Based solely on the information that you have provided, there may be an issue of wrongful termination. Although you are right that Idaho is an employment "at will" state, there are some exceptions to that rule. Those are is the termination
would violate an employment contract
, company policy or employment discrimination
law. So, if, for example, the drug policy states or implies that as long as the employee has a prescription for a particular drug, and assuming they can still do their work on that prescription, that they will not violate the drug policy. Then the drug policy could not be used to let them go. That would be a violation of their own policy.
The only catch here is the driving issue. Because that is a potentially safety sensitive job, the employer could, and would generally have to, apply a different rule. That rule would be strictly that no one could drive if they take narcotics, whether they have a prescription or not. Those would generally be rules driven by the DOT or OSHA
However, there is enough of an issue here, that I believe he should sit down with a local employment law
attorney and go over the facts of his case and the policies and practices of the employer in regards XXXXX XXXXX drug policy, testing and terminations. That way the attorney can give him their honest opinion about whether they think there is a case there that they might want to take on.
Please let me know if you need any clarification. I would be glad to assist you further if I can.