Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I was fired for failing a drug test (marijuana) 2 weeks

Customer Question
I was fired for...

I was fired for failing a drug test (marijuana) 2 weeks after I hurt my finger at work they did not to let me retest is that legal in Illinios

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

Manager yes he is fine with me continuing my employment the hr rep I talked said he went all the way to legal and his bos they said violation of company policy I have not spoken to a lawyer yet just found out today I can't keep my job

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will

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

Cant think of anything

Submitted: 20 days ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 36 minutes by:
4/2/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 20 days ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,882
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

Unfortunately, there is no requirement that an employer allow an employee to retest, so based on what you have described the termination would typically be lawful, as termination for a positive drug test is virtually always going to be valid grounds for termination.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. 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.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Ask Your Own Employment Law Question
Was this answer helpful?
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 13,882
13,882 Satisfied Customers
Experience: Significant experience in all areas of employment law.

Patrick, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I have knowledge of an candidate using Medical Marijuana.
I have knowledge of an candidate using Medical Marijuana. However my client requires a drug test. If he has a prescription am I able to hire him even though its positive?… read more
Andrew
Andrew
Attorney
Juris Doctorate
302 satisfied customers
In ct. can an employer fire you for not signing a drug
in ct. can an employer fire you for not signing a drug testing consent form if already employed for many years … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I was terminated. The language used in my termination was
I was terminated. The language used in my termination was "result of company reorganization". I had not received notice of any disciplinary issues. My job was posted as available within one business d… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,756 satisfied customers
I was drug tested at my work for an “investigation”, I was
I was drug tested at my work for an “investigation”, I was told they had reasonable suspicion, but I come to find out according to our companies own policy they had no grounds to drug test me. The tes… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My husband was sent for a drug screening after a work place
My husband was sent for a drug screening after a work place "accident" (basically an infected cut), during which the drug screen facility sent his (private employer of more than 15 ppl) a fax or email… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,882 satisfied customers
I was accused of smoking marijuana in the parking lot of my
I was accused of smoking marijuana in the parking lot of my work. I wasn't in uniform and I wasn't on the clock. They said someone said I was but I absolutely denied it. Now they say they have to chec… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
My daughter was accused of having marijuana in her purse at
My daughter was accused of having marijuana in her purse at work - and the smell coming from her purse when in actuality, there was no marijuana in her purse. Someone went to her purse and supposedly … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,756 satisfied customers
If accused and cleared as an RN in drug diversion, which was
if accused and cleared as an RN in drug diversion, which was completely unfounded and I belive the result of retaliation from a complaint on management....now that same management wants to continue th… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
My question is in regards to termination due to failed drug
Hello, my question is in regards ***** ***** due to failed drug tests. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I just failed a pre employment drug test for marijuana. I am
Hello, I just failed a pre employment drug test for marijuana. I am an RN, will this get reported to the California BEN? … read more
Ray
Ray
Lawyer
Doctoral Degree
32,108 satisfied customers
I tested positive f or marijuana and the employer has to
I tested positive f or marijuana and the employer has to report to LARA. Am I going to lose my license? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Hours are required to take a drug test a random drug test
Hours are required to take a drug test a random drug test for a job that we don't have no ram and drugged his policy in our employment hand book … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,882 satisfied customers
I have to do a drug test because I was injured at work don't
I have to do a drug test because I was injured at work don't need medical care but have to do pee test. If I smoke marijuana … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,882 satisfied customers
I was terminated in NYS today after reporting illegal drug
I was terminated in NYS today after reporting illegal drug use being used by fellow employee to my supervisor. What rights do I have in a fire at will state? … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I don't do drugs. I've smoked marijuana in the past. My
I don't do drugs. I've smoked marijuana in the past. My father who is in remission from leukemia uses oils and smokes. I'm around him constantly helping him and just hanging while he smokes. He also u… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
I work in a state where marijuana is legal. I was terminated
I work in a state where marijuana is legal. I was terminated for testing positive for marijuana during a random drug screen. Is this legal … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,149 satisfied customers
If a person is terminated after admitting to a drug
If a person is terminated after admitting to a drug addiction problem are they disqualified for unemployment benefits? … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,882 satisfied customers
I was picked for a random drug test and showed marijuana
I was picked for a random drug test and showed marijuana use. I did not or have never used while at work. I was terminated and told that I could not apply for that company again. this was 1/31/17. Is … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,614 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x