What to do if my son is accused of using drugs and selling at work, which he is not doing?

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What to do if my son is accused of using drugs and selling at work, which he is not doing?

2 people have written statements saying that he is in violation of his company’s drug policy. He has never been asked to do a drug test but he has offered and was refused. They have never searched his property. He is not allowed to present character witnesses on his behalf. Can they fire him on the word of other people?

Asked on November 21, 2011 under Employment Labor Law, Ohio

Answers:

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

Answered 9 years ago | Contributor

I'm afraid that he can be fired for this reason, any reason, or no reason at all. In an employment setting, a company has the right to hire/fire at will (with or without notice). The only protection your son might have is if such a termination will violate a union agreement, existing company policy, an employment contract, or is due to some form of actionable discrimination. Absent that, a termination under the circumstances that you have described it perfectly permissible. It does not violate any law (although it does seem unfair).

However, if the company does discharge him for drug use and tries to prevent him from collecting unemployment, then they will have to prove dismissal for cause. This is where it could cause a problem from your son's employer. At that point the should consult with an experienced employment law attorney who can best advise him as to the matter.


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