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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18791
Experience:  Employment/Labor Law Litigation
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I have been employed with a company for 38 years. I recently

Customer Question

I have been employed with a company for 38 years. I recently had a random drug test which came back positive. May I ask to be retested? If denied and up for termination, do I have the right to request retirement and is it possible to receive it?
Submitted: 1 month ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 month ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Unfortunately, none of these things are controlled by federal or your state's laws. Nothing in either law requires you to be entitled to a retest or to retirement in lieu of termination.

If you are going to have those rights, they will be establish by your employer's policies, not by external laws that would impose on your employer any sort of obligation.

So, you would have to approach your employer and ask them what they are willing to do, either in terms of retesting or retirement in lieu of termination.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 month ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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