Recently in Drug Testing Category

July 8, 2011

Job candidate bolts from a drug test; sues for disability bias

Empty Drug Testphoto © 2008 Micah Baldwin | more info (via: Wylio)Stop me if you've heard this one before:

  • Job candidate is told that any job offer is contingent upon passing a drug test.
  • On d-day, job candidate bolts from the drug-testing facility, claiming that he has trouble in confined spaces.
  • No drug test means that job candidate is disqualified from the position.
  • Job candidate sues claiming a violation of the Americans with Disabilities Act for failure to accommodate.

Folks, I couldn't make this stuff up if I tried. Just another day in the life of an employment lawyer.

After you hit the jump, you'll find out whether the job candidate prevailed...

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February 22, 2011

Can an employee be fired for using medicinal marijuana?

"I know you don't smoke weed, I know this; but I'm gonna get you high today, 'cause it's Friday; you ain't got no job... and you ain't got sh*t to do." - Smokey from Friday (1995).


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Back in 1995, when Smokey was trying to convince his buddy Craig to get high, California had yet to decriminalize marijuana for medical use. Now, a number of states have legalized medical marijuana.

But what happens when medical marijuana use results in a positive drug test at work? Is the company allowed to fire that employee?

Find out, after the jump.

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