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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12798
Experience:  Significant experience in all areas of employment law.
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I was at a party drinking last weekend and someone shared a

Customer Question

I was at a party drinking last weekend and someone shared a marijuana cigarette. Tuesday I had a random drug test because I sometimes deliver hazmat (but not this week) I mostly dispatch. The doctor call and said I was slightly over the limit. Today i was suspended without pay with the possibility of termination next week. I have never had any other issues or writeups. Do I have any rights to keep my job?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Good evening and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

I appreciate your predicament. However, the general rule in CA is that employment is "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true.

Therefore, there is nothing illegal about terminating an employee for testing positive for recreational marijuana. (It still probably would be legal even if you were using the marijuana to treat a recognized disability) So, this is not a circumstance in which you would have any legal ability to contest suspension or termination. All you can do is attempt to reason with your employer and explain that you are not a regular user of marijuana and would never be under the influence of marijuana while at work.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.