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Patrick, Esq.
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Category: Employment Law
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Employer admins a drug test. It is clear in handbook that

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employer admins a drug test. It is clear in handbook that pos drug test means automatic dismissal. The employee submitted a urine test and results have not been returned. Employee feels the test will come back positive because smoking POT a few days earlier.
Employee has been with the company since October of 1971, within a few years of retirement. Should the employee just retire, wait for the results, see if counseling will be offered. Hire an attorney? What?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

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

Given the employee's tenure with the company, it is possible that the employer may make an exception for a positive drug test for marijuana. The fact is marijuana is a less harmful drug than alcohol and is on its way to being legalized across the country. If I were an employer, I would not terminate an employee of 45 years because the employee used marijuana in their free time.

Therefore, the best course of action would typically be to take full responsibility but explain that this was an isolated incident and that the marijuana usage will not continue. Then, the employee should point out how long they have been with the company and why they are a valuable asset. The focus should be not on denying the transgression, but arguing the mitigating factors.

Of course, this is just a general approach, and only the employee is in a position to know what is best in their particular circumstances.

I hope that you find this information helpful. 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.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.