Can I be fired for a positive drug test?

I was on vacation and I was called and terminated for testing positive for marijuana.

Asked on September 7, 2016 under Employment Labor Law, New Hampshire


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can absolutely be fired for testing postive for drugs. A company has a legitimate interest in not employing workers who engage in using illegal substances. In fact, in an "at will" employment relationship, a worker can be fired for any reason or no reason at all, with or without notice (even when on vacation). The only protection you may have here is if this action violated the terms of an employment contract/union agreement or constituted some form of legally actionable discrimination (which it does not appear to have).  

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