Drugs in the Workplace
If someone was fired because they were accused of selling and using drugs, even though they passed drug tests, and when searched there was no drugs on their person, and their employer posted untrue facts on the internet, is there any legal recourse?The individual can sue their boss for false accusations. This situation would be known as a form of defamation since the company has blamed the individual of these criminal acts. As part of the individual’s claim towards the company the individual needs to request an order to make anyone that was putting the false statements up to take them down.
If someone tested positive on drug test for marijuana, was terminated from their job, but told by their employer that they could go through a drug program and wait 6 months and be rehired, completed those steps but was not rehired, is there any legal course of action they could take?The individual can’t do anything about the company’s decision. It is up to the company if they want to rehire them. Just because the company told the individual that they would hire them back does not mean that they have to.
If one were expecting a positive marijuana result on a workplace screening, should they quit the job before the results return?Depending on if the employee is sure that they are going to be fired if their drug test comes back positive for any type of legal substance. If the individual knows for a fact that they are positive then the employee could quit their job before the company fires them for misconduct. However, often companies have policies in place for immediate termination for drugs in the workplace, but many have policies to help an employee overcome drug use by sending them to counseling.
If someone admitted to smoking pot while off work. Can the individual still be fired without being tested?If the individual is an at-will employee, the individual can be fired at any given time regardless of drugs in the workplace. Many employers state in their company manuals the rules and regulations regarding drugs at work or the use of drugs while being employed for the company, it is a good idea to read the policy and procedure set forth by the employer to understand what implications drugs can be regarding employment.
If someone was accused of dealing drugs at work, but then the investigation found that the accusations were false, if the employer does not reprimand the person that started this rumor, is there action that the employee can take to make sure this does not happen again?The employee could contact a local attorney to draft a demand letter to the accuser demanding that they retract their false statement against you or be the subject of a civil lawsuit for defamation and possibly other legal action. Since there has been an investigation and the allegations deemed unfounded, that could aid you in proving the statement was false and seek damages for any injury to your reputation.
Drugs in the Workplace can often be an issue for the employer and the employee, and can often bring up a range are very diverse questions that can span one question after another. If you or someone you know have questions regarding drugs in the workplace, or are under the influence of drugs at work, ask the Experts for fast answers to your toughest questions.