As employer requiring drug testing, if the employee returns positive for marijuana or other drugs, am I required to offer rehab?

Asked 11 months ago - Vancouver, WA

I suspect one or more employees may be using drugs and as a firearms dealer, use of illicit substances is a disqualifier for handing my merchandise. I intend to test all without discrimination.

Attorney answers (2)

  1. Stephen Sloan Manning

    Contributor Level 4

    Answered . I would say it depends on what kind of business you operate. For example, if your business is subject to federal regulations, there are quite detailed drug/alcohol policies and procedures that need to be followed. However, if you business is not subject to such requirements, then you are not likely to be required to offer rehab. I would need more information about your business to give you a more definitive answer.

    This answer is for general informational purposes only. An attorney client relationship does not exist as a... more
  2. Adam C. Doerr

    Contributor Level 8

    Answered . I'm not familiar with WA law in particular, but I'm not aware of any laws that require an employer to offer rehab. If your employees have a contract, and the contract states otherwise, then of course that would control. Similarly, if you have a "past practice" of offering all "positive" employees rehab, it would be in your interest to do so again here to avoid any "discrimination" claims.

    If you're unsure about what to do, I would consult with a local attorney. It may come down to practical considerations, rather than legal (do you want to keep the employee or give him or her another chance? does the job involve a lot of heavy machinery or other safety-related aspects? do you have any indication that the employee was actually under the influence at work?).

    Best wishes.

    No attorney-client relationship is created, or intended to be created, by this answer. You should contact an... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,739 answers this week

3,042 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,739 answers this week

3,042 attorneys answering