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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12945
Experience:  Significant experience in all areas of employment law.
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Sure. Failed a drug test for an employer due to Oxzapam.

Customer Question

Sure. Failed a drug test for an employer due to Oxzapam. They tell me it's illegal in the US. But I believe it's a controlled substance rather than illegal. I have an Rx from a Mexican doctor and was using it for weight loss. Can I challenge their findings?
JA: Can you tell me what state this is in?
Customer: Arizona
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Other than this, I'm 100% drug free
Submitted: 11 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 11 months ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Customer: replied 11 months ago.
The pills I was taking are Redotex.
Expert:  Patrick, Esq. replied 11 months ago.

Thank you.

Unfortunately, the genreal rule is that employment in the state of AZ 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.

This means that an employee can generally be terminated for a positive drug test, even if the drug taken is not an illegal drug and even if the employee was prescribed the drug. The one exception would be if the employee was prescribed the drug for a disability, in which case it would be a form of disability discrimination to terminate the employee for taking a drug that they were treating a disability with.

You can certainly attempt to persuade your employer that termination is unfair and unwarranted, but you would not typically have any basis to sue on the facts you have described. I am very sorry.

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.

* Disclaimer *

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Expert:  Patrick, Esq. replied 11 months ago.

Were you able to view my answer?