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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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I know this is a hard situation currently, but I was told by

Customer Question

Hello, I know this is a hard situation currently, but I was told by an employer that I needed to take a drug test and I told them that I would test positive for Marijuana and they told me that it was fine if you test positive and dont worry about testing positive for Marijuana. My test came back positive for marijuana and now they are saying their corporate office is drawing a hard line on the drug test. The company I was applying for is owned by a larger corporation and they are saying that weed is a issue when they first told me it was not an issue. Curious if I have a case against them.
Submitted: 10 months ago.
Category: Employment Law
Expert:  LegalKnowledge replied 10 months ago.

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.