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Workplace
Doctor,
Just recently my company stated a new policy in their employee hand book about drug testing. It states that if the company thinks or suspects that an employee is under the influence of drugs, alcohol, or other forms of substance of abuse while on company premises, the worker will be either suspended or terminated.
First, if an employee is tested (urine tested) and the test comes up positive, but the worker states that he used a controlled substance during the week-end, can the employer enforce these guidelines on the worker?
Second, can a emplyee be subject to a drug test because the company feels that he/she is seen (to the company) with someone who they think is involved with drugs?
If an
employee is suspected of drug use and tests positive, can he/she be fired? The answer is
Yes. In fact, within this country, without the protection of a strong union, employees can
be terminated (to use the less harsh sounding word) for almost any reason, or no reason.
This is called the "at will doctrine." Management can hire or fire as it wills
just as an employee can leave when she or he will for any reason or not reason.
The question then becomes: if an employee tests positive, is the test valid and might the test identify a controlled substance? One test is not 100% accurate. Often to back up a positive test a more expensive test is then used to make sure. Might a legally-controlled substance be the cause of a positive test? Possibly.
Without a union and a clear contract about the procedures to be followed in drug abuse suspect cases, an employee is subject to whatever management decides. The American Civil Liberties Union, if contacted by the employee who believes she/he is unjustly accused, might intervene on the employee's behalf.
To be dismissed simply because an employee is seen in the presence of someone who is thought to be a drug pusher or user, of course, is wrong. Even Jesus, purportedly associated with sinners, and that did not make him a sinner. But employers do not always behave rationally, and as I said above, under the at will doctrine they can hire and fire whomever and whenever they decide to do so.
However, if and when employers fire indiscriminately and particularyly unjustly, they will lose the loyalty of their workforce. People of good will and good sense, whether they be boss or bossed, should be able to talk out and reconsider bad decisions and develop reasonable policy.
Thank you for your question. Do let me know what happens next.
WEGO is achieved by people of goodwill and good sense.
Bill Gorden