Terminate Temporary Employee for Positive Drug Test

Watson

We hired an employee for a temporary, hourly, position for a specific out-of-town job. After the job was finished, we continued to use him on other jobsites. He has tested positive for several different drugs. Can we terminate him immediately without repercussion? Can we verbally terminate him, or does it have to be in writing? This is in the state of Tennessee.

Gar

I'd want to know the answers to several questions:

1. How long has the person worked for you? Based on your comments, it seems he has been with your firm for a while.

2. It sounds as though he was recently tested. If so, why now?

3. Was he tested when you first employed him? If not, why not?

Watson

The employee has only been employed here for 4-5 months. He was hired specifically for an out of town job; however, when that job was completed, the project manager decided to send him to work on another out of town job.

His "estranged" wife called to inform us that he was on "crack" and that she was going to notify all of the government sites (DOE) that we might possibly send him to work on. Therefore, we notified his supervisor (who is his brother) that he had to be tested the next day. Suddenly, he was no where to be found until Friday of that week. He was supposed to report to a site for work on Tuesday and never showed up until Friday. We had a quick screen administered and it showed positive for cocaine and opium.

He was not tested when he started work because we are a subcontractor to different government agencies and follow their protocol for drug testing which is at random.

Down_the_Middle

Addt'l information is needed to offer you a meaningful response. Is your organization subject to the DFWA or OTETA???? If so, then you're probably required to offer rehab and counselling. If not, then I would have the same questions as Gar b/4 suggesting how to handle this employee. Was the recent test a reasonable suspicion, for cause, or random? Do you have a current policy in place or is this the first incident which will lead to a policy?

Watson

The employee has only been employed here for 4-5 months. He was hired specifically for an out of town job; however, when that job was completed, the project manager decided to send him to work on another out of town job.

His "estranged" wife called to inform us that he was on "crack" and that she was going to notify all of the government sites (DOE) that we might possibly send him to work on. Therefore, we notified his supervisor (who is his brother) that he had to be tested the next day. Suddenly, he was no where to be found until Friday of that week. He was supposed to report to a site for work on Tuesday and never showed up until Friday. We had a quick screen administered and it showed positive for cocaine and opium.

He was not tested when he started work because we are a subcontractor to different government agencies and follow their protocol for drug testing which is at random.

Gar

Well, the cat's out of the bag now! I don't know what your policy says but most I've seen indicate you can have a person tested for "reasonable suspicion." That usually means there is evidence or a very strong suggestion that an employee is under the influence, is selling, using or is in posession of a controlled substance at work. I don't believe a phone call from an estranged wife constitutes reasonable suspicion. If you never hear from this guy again, count your lucky stars and mum's the word for his brother. If you do hear from him, get a lawyer.