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Employee sent to rehab for marijuana and they diagnose alcohol abuse to employer also and he remains adamant they are wrong.

Baltimore, MD |

Someone I know has been sent to a rehab for positive marijuana screen and they tell his employer he has an alcohol problem and he does not know why . They say he met the criteria but he says they are crazy. Now they are going to make him take the 5 day alcohol test at work. Does he have recourse?

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Attorney answers 1

Posted

take the alcohol test or risk being terminated! Generally an employer has very wide latitude in having their employees undergo various tests. Now if his marijuana use is a result of some medical condition, he may have a claim under the ADA. Its hard to tell however w/the facts illustrated in here.