Can I be re-fired after failing a drug test?

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Can I be re-fired after failing a drug test?

I worked for a paving company a number of years ago. I failed a drug test and was fired, so I started working for another paving company after that. Recently, my first employer bought out my new employer. Can I be re-fired for the same drug test I failed years ago?

Asked on May 20, 2017 under Employment Labor Law, Michigan

Answers:

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

Answered 3 years ago | Contributor

Most employment relationships are "at will". This means that a company can set the conditions of employment much as it sees fit (absent some for of legally actionable discrimintion). This inlcudes who to terminate and why. In fact a worker can be terminated for any reason or no reason at all, with or without notice. Therefore unless you have an employment contract or union agreement that would prevent your discharge under the circumstances, you could be let go.

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

Answered 3 years ago | Contributor

Most employment relationships are "at will". This means that a company can set the conditions of employment much as it sees fit (absent some for of legally actionable discrimintion). This inlcudes who to terminate and why. In fact a worker can be terminated for any reason or no reason at all, with or without notice. Therefore unless you have an employment contract or union agreement that would prevent your discharge under the circumstances, you could be let go.


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