Employment Law Questions? Ask an Employment Lawyer.
Good afternoon. It is possible that you may have a case, if the procedure and process was not the same across the board and only you were singled out / isolated. There aren't any restrictions on drug testing for marijuana as long as it's applied across the board. If there is a policy that applies to all employees – whether random or based on reasonable suspicion – that is likely fine. The fact that they told you it may not be an issue and it turned out to be one, may not rise to the level of a case. I say this because if you refused the test, they could have grounds to terminate you. If it is an issue now, they may be willing to work with you and you should first see what/how they respond and address this.