Legal Question in Employment Law in California

Pre-employment Positive Drug Test

I recently was required to take a pre-emolyment urine drug screen. I had already worked for almost two weeks before the results were in. It was postitve for THC. My fiancee is a club member and is allowed to use marajuana legally for medical purposes. I was not using it myself, but I am quite close to him while he does it. Do I have any legal rights in this situation?I did my job well and I want it back!!!!!!!!!


Asked on 2/03/02, 3:43 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Pre-employment Positive Drug Test

Employers may condition employment upon passing a drug screening test. The fact that you started working before the results came back does not matter because most employment is "at-will", which means there is no guarantee of continued employment. About all you can do is appeal to the company's sense of compassion. If they have none, you are better off not working for them.

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Answered on 2/07/02, 12:36 pm


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