Legal Question in Employment Law in Utah

My husband was let go by his employer two years ago for not passing a drug test. He tested positive for marjuana. At that time he attended a substance abuse program. He completed the program and has not had a problem since. He is a journeyman carpenter and has since found work with another company. His current employeer subcontracts finish carpentry on construct jobs from his previous employer. His boss (Rich) called my husband in today and said that he had a meeting with his old employer to discuss some upcoming projects and was told that if he intended to send my husband to work on any of their buildings, then they would not give him (Rich) any of their contracts. Rich feels like he has no choice but to let my go; he needs the subcontract work from this company. My question is if this is legal or not. If so, then any company my husband works for may well be told the same thing - "send Ken to the job and you will no longer get contracts from us". This company is a huge firm and in all likleihood Ken will at some time or another end up on one of their jobs.


Asked on 12/03/09, 5:43 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Your husband should explain everything to his new employer, including a willingness to submit to random drug testing. Your employer may be able to talk to the former employer and explain that your husband is now clean and responsible. Good luck.

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Answered on 12/09/09, 10:00 pm


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