Legal Question in Criminal Law in New York

drug possession at work

at work a small amount of cocaine was found. the user admitted to using it, but a co-worker/friend is being accused of using while at work also, even though they said they did not. They fired the guy who admitted it was his and he used it at work, and they have asked the other person to resign even though he said it wasn't his and he did not use.

Can they still fire him? What will happen to the person who was fired? The cops have been called. The second person who was not fired feels this is their way of trying to get rid of him b/c business has been slow.


Asked on 7/26/07, 9:57 am

1 Answer from Attorneys
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: drug possession at work

Your friend should speak with a lawyer if he has legal concerns. A situation like this will be influenced by whether or not there was some sort of written employment agreement between the employer and employee. If there is no such agreement the employer can usually fire whoever they want, since they may be considered an at-will employee. If your friend resigns however he may have difficulty obtaining certain rights, for example a right to unemployment payments etc. Please feel free to contact my office if we can be of any assistance.

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Answered on 7/26/07, 10:13 am


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