Can I be fired for false positive drug tests?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I be fired for false positive drug tests?

While working overseas, I was given two rapid screen drug tests in which I failed
for amphetamines. I was taking ‘alka-seltzer plus’ which has been known to
trigger a false positive for amphetamines. Five days later my company sent me
back to the United States and I took a Hair Follicle Drug test done in an actual
lab with the results being negative.

I asked my employer for a copy of my drug test results from overseas and still
have yet to receive it. I sent them a copy of my Hair follicle drug test results
along with a letter of reconsideration.

Asked on October 23, 2016 under Employment Labor Law, Florida


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

Answered 6 years ago | Contributor

Do you have an employment contract or union agreement that affords you protection under the circumstances? Does your treatment constitute some form of legally actionable discrimination? If not, then as an "at will" worker you could be fired for any reason or no reason at all, with or without notice. Bottom line, a company can set the terms of employment much as it sees fit. This includes who to fire, when and why.

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 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 lock Secured with SHA-256 Encryption