Is it legal for an empoyer to let go an employee who came up dirty on a UA for perscription drugs even though the employee had the persciptions with him as proof?

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Is it legal for an empoyer to let go an employee who came up dirty on a UA for perscription drugs even though the employee had the persciptions with him as proof?

Asked on May 1, 2012 under Employment Labor Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The answer to your question is what the presumed employer-employee handbook states that was in place with respect to the use of drugs in the workplace, prescription or not. Some employers have a policy that an employee cannot be at work while on certain prescription drugs issued by his or her health care practitioner for safety reasons.

Potentially the prescription drugs could make the employee taking them sleepy and or inattentive causing a danger to the employee and third parties.

To answer your question, you need to carefully read the employer-employee handbook assuming there is one and/or the rules and regulations for the work place with respect to the use of prescription drugs there. In general, there is no set rule or law regarding the use of prescription drugs at the work place and tolerance or lack of tolerance for such use. It all varies upon the employer.


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