Minnesota Termination Letter - Substance Abuse
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How to fill out Termination Letter - Substance Abuse?
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FAQ
What Happens If I Fail a Pre-Employment Drug Test? In most cases, if you fail a pre-employment drug test, you will no longer be eligible for the job. Companies who require pre-employment drug tests must clearly state that the offer of employment is contingent upon a new hire passing a drug screening test.
In order to win a wrongful termination claim, you must prove that the stated reason for your termination is not the actual, illegal reason. Your employment lawyer needs to demonstrate that the reason for your firing is either factually wrong or that it wasn't applied equally to similarly-situated employees.
Failing a drug test can, therefore, send you back to prison. Either way, your parole will probably be either lengthened or changed to have stricter conditions. Overall, outside of parole, failing a drug test rarely results in criminal charges, but it is always better to pass a drug screening than to fail.
Under Minnesota statute section 181.953, a worker who tests positive for drugs in an initial screening cannot be fired, disciplined, discriminated against or be required to undergo rehabilitation. An initial test must be verified by a confirmatory test.
An employer can dismiss an employee without giving notice if it's because of gross misconduct (when an employee has done something that's very serious or has very serious effects). The employer must have followed a fair procedure.
No notice of separation is required by law, by either party, upon separation of an employee for any reason. Courtesy and time to collect accrued benefits are reasons why notice is given.
If your employer still owes you your final wages, you may request your wages as well (Minnesota Statute § 181.13). After making this demand, your former employer has 24 hours to comply or it may be assessed penalty damages equal to one days' worth of wages for up to 15 days.
Under most Minnesota and federal laws prohibiting employment discrimination and retaliation, a wrongfully terminated employee is entitled to compensation for the emotional pain and suffering resulting from their termination.
Possible outcomes after failing drug test Consequences may include: Firing- in most cases, your employer will not fire you on the spot unless it is a recurrent habit. If this is your first time, your boss may give you another chance to prove yourself.
Wrongful Termination in Minnesota That means that your employer can fire you for any reason or no reason at all even a stupid, incorrect, unfair, or unethical reason provided that it's not an illegal reason. Employers can and often do make mistakes or bad business decisions when they terminate employees.
