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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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I fell over a plant at work and hurt my foot. The next day

Customer Question

I fell over a plant at work and hurt my foot. The next day I called in and said I was going to get it checked. They called me in before I went to the doctor to take a drug test. It has been 18 hours since the accident. After the fall I stopped by Prime Care and they were closed. I went home and would go the next morning. I took pain pills and smoked some pot to get some sleep. I took a pain pill before going to pick up paperwork. I did not know they were going to test me. I am so afraid of losing my job after smoking. It was 12 hours after smoking before the test. If it comes up positive can they fire me for drugs? Please help. I am going crazy!
Submitted: 2 years ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns. The information I am going to provide you with is not favorable so I ask that you do not blame the messenger. If they do find illicit drugs in your system then they would have a basis to terminate if they have a zero tolerance policy as far as drugs. And unfortunately pot takes a while to leave the system, so if it was smoked, it may appear on the test (residual tests can show use weeks and sometimes months after the fact depending on the test utilized). Sincerely, ***** *****
Customer: replied 2 years ago.
Is there a time limit after and injury that you have to be tested? Testing the next day does not show that I was under the influence when the accident happened. I went home and took drug to get relief from pain. Should I not be tested right after the accident. I reported the accident but did not paperwork till after workmanship comp told me to go to the doctor and they would pay for it. I went by to pick up paperwork to get treated and they gave me a drug test
Customer: replied 2 years ago.
Can I ask for another test?
Expert:  Dimitry K., Esq. replied 2 years ago.
Hi, They have no duty to give you an another test, I am sorry. As far as a time limit, the issue here is that it is a violation, period--since you may have had drugs in your system, you are in violation of your employment agreement and that permits them to fire. They can likewise argue that you were under the influence then as well, since that would then give them a basis to claim that they aren't liable for your injuries. You can challenge by showing when you utilized the drugs, but there is no time limit on the test. Sincerely, ***** *****