Drug Test

JudyRoy · April 2003

We do random drug testing. One employee was sent and the results came back "suspicious". According to Company policy, she is required to redo the test within 30 days. Supervisor failed to promptly inform the employee and on the 28th day, the supervisor called her into the office (she was home and it was her day off) and told her to go get the test done. It came back positive and employee was immediately discharged. Now the employee has filed a discrimination charge against us saying that we should not have had her take the test on her day off. She wants to be reinstated along with back pay. Are we left holding the bag?

LindaS · April 2003

As long as you are following your policies with ALL employees, you should be fine.

JudyRoy · April 2003

Normally we ask the employee to go during their scheduled shift. However, this gal works evenings and/or overnights so she can't go during her scheduled shift. I felt we should have asked her to go immediately following her shift when she got off in the morning at 8:00. Not wait until the next day when she was scheduled to be off. The EEOC is "suggesting" that we settle. I guess that my feelings are that she tested "positive", so it doesn't make any difference when she went. Her defense is that she can do whatever she wants on her days off.

Balloonman · April 2003

Me personally I would tell her and the EEOC that if it were a negative test you would be more oppen to "suggestions". Since she failed, she is terminated. End of discussion. If you typically would pay people when they go to test, pay her for the hour or two it took her. This will eliminate most issues, hopefully.
My $0.02 worth.
DJ The Balloonman

Leslie · April 2003

Depends on what the positive was for. If it's alcohol, you're in trouble because she was off the clock.

JudyRoy · April 2003

No, she was positive for drugs.

LindaS · April 2003

I agree with Balloonman, pay her for the time she was at the test and keep with the termination.

jimlegal · April 2003

Agree pay her for her time and stay with termination.

Drug Test

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