Sample Letter for Response to a Positive Drug Test - Employer
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FAQ
Unless you had a contract or promise of continued employment, you were employed "at will" and can be fired for any lawful reason. Firing an "at will" employee for suspected drug use is lawful.
A positive drug test, with a consequence of suspension and possible termination for non-compliance with the EAP treatment plan may be the first time an employee is held accountable for his/her poor choices. Not all employees who test positive are substance- dependent or in need of intensive treatment.
Make sure there is drug abuse. Educate yourself about drug addiction. Take notes. Follow procedures outlined in your workplace drug policy. Don't feel guilty about reporting a drug-addicted colleague. Talking to the affected colleague could be tricky.
The number is: 800-WORKPLACE. An employer's trade association, or workers' compensation insurance company may also be able to give helpful advise.
A positive drug test, with a consequence of suspension and possible termination for non-compliance with the EAP treatment plan may be the first time an employee is held accountable for his/her poor choices. Not all employees who test positive are substance- dependent or in need of intensive treatment.
Someone with an addiction will show multiple signs over time, which may include: Excessive tardiness or absenteeism. You may see a pattern like an employee calling off on Mondays, after holidays, or paydays. Change in appearance such as wearing dirty or wrinkled clothes, looking disheveled, neglecting personal hygiene.
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. As a medical review officer, I would review a patient's medical history.
If an employer makes a job offer contingent on passing a drug test, the offer can generally be rescinded if the applicant fails, but there may be more steps that employers must follow for current employees.
The Americans with Disabilities Act (ADA) restricts what employers can ask about use of drugs prescribed for you. The ADA applies to all employees. use, before they offer a job to the applicant.employer of any prescribed drugs they may be taking that have side effects which can affect their job duties.
