Can I be fired for false positive drug tests?
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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
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 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.
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