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Can my employer fire me for failing a random drug test for a medication that I have a legal script for?

Fayetteville, TN |

I live in TN & have been working for Amana/Goodman for the past 16 yrs & have had no problems.We have a union in which Im a member & if our contract is voted through,our company is changing their drug testing policy from a 5 panel test to a 10 panel test & I have a legal script for methadone (synthetic opiate),which is 1 of the "new" 10 panel drugs they can randomly check for if I am chosen for a random test down the line next year.Can I be fired for failing this 10 panel drug test when it comes back positive for methadone when I have a valid script for it & have been taking it for over 5 yrs with no negative impact on my work performance at all?

Attorney Answers 1


I would recommend that you get with a lawyer immediately. Get all your records gathered up to confirm all these facts. I would also supply all this information to your union representative immediately. Talk to your lawyer, but I'd guess that a letter from your doctor saying that this drug is safe or does not affect your job performance would a big help.

You should contact these folks at NAMA (National Alliance of Methadone Advocates) about Methadone Discrimination:

Their web sites states: "Discrimination is a major obstacle for anyone who has ever used drugs. While some legislation has been enacted which protects former addicts and methadone patients, there still remain many areas where methadone patients are not protected. NAMA works to inform methadone patients of their rights and to provide support to those who have been victims of discrimination."

This response may provide information relating to potential legal issues. Nevertheless, your review of any information contained herein is not a substitute for legal advice from qualified legal counsel. For this reason, you should not rely on this response as a source of legal advice. Your use of this information does not create any attorney-client agreement. In order to become a client of David C. Lee, you must negotiate a specific attorney–client agreement with an attorney from this law office.

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