Your rights in this situation depend on your state’s drug testing laws and the federal Americans with Disabilities Act (ADA). But the bottom line is that you will likely be protected from discipline or termination based on a positive drug test. There are a few types of private employers that are required to drug test.
Can you get fired for a positive drug test?
State and private employers have their own policies if you test positive for drugs, and these often include mandatory rehabilitation, firing, or not being hired for the position in the first place.
Does failing a drug test disqualify you from employment?
If you fail or refuse a pre-employment DOT drug test, it will hinder your ability to get a safety-sensitive job. You will have to complete a Return-to-Duty program by a DOT-qualified Substance Abuse Professional (SAP) before applying for work.
Will a positive drug test show up on a background check?
Prior criminal convictions, including drug charges, are visible on a background check, but what is not visible is any prior failed drug test. This information is kept strictly confidential between the employer who required the test and the individual whom took the test, regardless of the testing results.
Can you be fired for failing a random drugs test?
As an employee, you can always refuse to take a workplace drug test. But, if you are fired because of your refusal, you may have little recourse. (In fact, in some states, you might be denied unemployment benefits if you are fired for refusing to take a drug test.)
Do employers tell you drug test results?
Your test results are confidential. An employer or service agent (e.g. testing laboratory, MRO or SAP) is not permitted to disclose your test results to outside parties without your written consent.
Can you be charged if you fail a drug test?
Another situation where failing a drug test could result in criminal charges is during probation. For people convicted of drug charges, the judge’s probation conditions may include abstaining from alcohol or drugs, enforced by random drug testing.
Can you ask for a retest for drug test?
Candidates may request a retest of the original urine sample within five working days after notification of a positive test result. This retest is at the expense of the candidate, unless the original test result is called into question by the retest.
What happens if you test positive on a pre employment drug test?
If the test results in a positive reading, meaning there is drug residue in the body, the results are forwarded to a medical review officer, who reviews the results and looks for any possible valid medical explanation for the results.
What happens if you test positive on a DOT drug test?
DOT and USCG regulation may prohibit you from performing your safety-sensitive functions after a positive test result or refusal to submit to testing. You should be aware that a positive, adulterated or substituted DOT drug or alcohol test may trigger consequences based on company policy or employment agreement.
Are pre employment drug tests monitored?
The United States Supreme Court has held that both blood and urine collection are minimally intrusive procedures which are not harmful to job applicants or employees, when they are conducted in the employment environment (such as where applicants or employees are required to go to a doctor’s office to provide a sample) …
What happens if you refuse a pre employment drug test?
In the case of a pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment. If there was no contingent offer of employment, the MRO will cancel the test.
Can I sue for a false positive drug test?
Drug testing laboratories have, until recently, been largely unaccountable for erroneous test results. In recent years, however, lab have increasingly been taken to court and found liable for damages. Many cases of drug testing laboratories successfully being sued are related to termination of employment.