Can employment be refused or a job taken away due to a positive drug screen?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can employment be refused or a job taken away due to a positive drug screen?
My daughter has been a nurse for 28 years. She hurt her back years ago and has been on pain medication for 10 years. She was laid off from her job 6 months ago. She finally was able to get another position at the same hospital. When she did her drug screen, she was honest about what she was taking because it was given to her from her docter. Some 6 years ago she had a drug screen at the same hospital, they questioned her about it. She told them her doctor has her on them. That was the end of it. This time, they took a position away from her. Can they do that?
Asked on March 13, 2018 under Employment Labor Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If she is an employee at will - and likely she is that - then they can terminate or rescind an offer if she fails one of their requirements for employment. I can hear the concern in your voice and I agree: it is time for her to manage the pain without the drugs.That is the next step here. 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.