I was fired for 1 dirty drug test. But I requested help and was denied

I was drug tested half way
through my 8 hour shift with no
visable reason for it. But I
had smoked weed and took an
prescription adderall that
wasn’t mine a week before.
Also I take medication that
shows up as an illegal
substance so it was sent to a
lab.after 5 days of waiting for
their decision, and was finally
called. I tried to ask for
rehab so I could keep my job
but was refused. Is that legal
in Kentucky

Asked on November 22, 2018 under Employment Labor Law, Kentucky

Answers:

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

Answered 2 years ago | Contributor

An employer has no legal obligation to send one of its workers to rehab. Further, it is under no legal obligation to retain that worker's services, even under circumstances such as yours. The fact is that a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). Accordingly, unless your treatment violated the terms of any applicable union agreement or employment contract, you have no claim here.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Your employer has no obligation to provide rehab to you. Your employer is not your legal guardian: they don't have to provide you help. Your employer also has no obligation to retain someone who, as you admit, tests positive for illegal drugs--i.e. who tested positive at work for substances whose possession or use is a criminal act (they don't have to allow criminal acts). The law is very clear that failing a drug test is grounds for termination.


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