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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20228
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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My son cut his hand at work

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My son cut his hand at work (minor) they sent him to a doctor the company uses and when he walked in the girl said "You're here for your drug test"? He stated he was there b/c he cut his hand. she stated he needed a drug test to which he replied, "Canx my appt, I will go see my family doctor". He was then terminated for refusal to take a test. We cannot find anything in any of his hire papework that discusses this policy. does he have a leg to stand on? Is he requied to be informed of this ahead of time? He was sent to the doctor the day foloowing the injury
Hello,

Thank you for the information and your question. Unfortunately, not only does an employer have the right to include drug testing in the procedure or workplace injuries, but there is also no law in PA that requires that there be any written policy or notice of this policy. In addition, workers compensation can be denied in PA if the accident would not have occurred but for the drug or alcohol use, and can also be denied with a refusal of the drug test. Also, not only can an employee be terminated for refusing the drug test, but unemployment benefits will generally be denied as termination is considered for "misconduct."

All that said, it is obviously the best management practices to have something in writing that explains a drug testing policy or what to expect with a workplace accident (WC) claim. But PA is one of the states that does not require those things.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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Hello again Dawn,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the legal answer I provided to you on the 11th. The Site has been a little buggy lately so the Experts are not always getting replies or ratings (which is how the Experts receive credit for their work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.