By law, how long does an employer have to terminate an employee after a faileddrug test?

Get Legal Help Today

 Secured with SHA-256 Encryption

By law, how long does an employer have to terminate an employee after a faileddrug test?

Asked on August 13, 2010 under Employment Labor Law, Kentucky

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Most states follow a stated doctrine in the law known as "employment at will."  This basically means that an employee without a contract can be fired for good cause, bad cause or no cause at all.  There are certain instances where the Courts have limited this ability to fire by the employer, such as if it would be against public policy.  Failing a drug test for illegal use of drugs is against the law.  Your employer would then have good cause to fire you immediately.  He does not have to wait any statutory period.  It is within his discretion.  It may be in your best interest to speak with him before he gets the results.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption