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I have a prescription for xanax and I am scheduled for a…

Customer Question
I have a prescription...

I have a prescription for xanax and I am scheduled for a post employment drug test. Can the job offer be rescinded if the xanax shows in the drug screen?

Lawyer's Assistant: Was the drug test discussed with a manager or HR? Or with a lawyer?

No it is scheduled tomorrow with the physical before they confirm employment

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

Hourly and at will. It's a hospital I'm a respiratory therapist

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I take the medication for depression from the loss of family member and friend.

Submitted: 27 days ago.Category: Employment Law
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Answered in 21 minutes by:
3/27/2018
Employment Lawyer: Attorney Wendy, Lawyer replied 27 days ago
Attorney Wendy
Category: Employment Law
Satisfied Customers: 505
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. In the standard employment drug screen, you should be asked at the time of the testing to complete a form that would include identification of any prescription medications. This method serves two purposes - it permits the lab handling the testing to distinguish between the use of illegal drugs or the use of legal drugs in an illegal manner (in other words, your use of prescription drugs not prescribed to you or at substantially higher levels than prescribed). The proper use of prescription drugs should not impact your employment unless the drugs themselves make you unable to perform the job duties. Typically, the employer will not be the one to ask for prescription information as they do not want to risk being accused of making employment decisions based on improper consideration of health/medical conditions. Since I note you work at a hospital, they may handle testing internally but you should still be providing the prescription information to the testing department and not your supervisor. It may also be worth checking any hospital employee handbook/policies which often outline the process for this testing and what is considered a violation of any drug free workplace policy.

In most instances, the job offer should not be subject to withdrawal unless the testing reveals the use of illegal drugs or the illegal/improper use of legal drugs.

I hope this helps. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Attorney Wendy, Lawyer
Category: Employment Law
Satisfied Customers: 505
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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