Employers have the right to use drug screening procedures as a part of the hiring process. They can also ask an employee to take a drug test if there is reasonable cause to suspect that an employee’s job performance is impaired by illicit drug use.
Employees who take prescription drugs, like Adderall, often worry about their rights in the workplace. Quite often, our employment lawyers are contacted by California workers with the following questions:
- I got fired after I tested positive for Adderall at work. Is this legal?
- I was suspended / demoted after my employer found out I take Adderall. What can I do?
- Can I sue my employer if my employment was terminated after I tested positive for Adderall?
Can I be Fired for a Positive Drug Test?
It is legal for your employer to ask that you submit to a drug test and fire you based on the results – as long as they adhere to the state’s anti-discrimination and employee privacy laws. They can also refuse to hire you if you fail the drug test, but again, there are privacy and workplace discrimination laws that protect workers.
For example, your employer cannot fire you if you test positive for drugs that are necessary to treat a medical condition, including mental health disorders. This is a form of discrimination under the California Fair Employment and Housing Act, which can serve as grounds for a lawsuit against your employer. Our team of wrongful termination lawyers can help you understand your rights and determine the best course of action during a free case review.
Laws Pertaining to Firing Someone for a Failed Drug Test
The state of California has specific laws for how and when employee drug testing can be required by the employer. First and foremost, the laws recognize that the employee’s constitutional right to privacy cannot be violated, and this is why drug screening employees can only be done under limited circumstances.
On the other hand, employers in certain industries have the right to enforce drug testing because of the safety issues that are involved, not just for the worker, but for the general public. Pilots and truck drivers, for example, are legally subjected to random drug testing. If they fail the test, the employer is generally allowed to terminate the worker’s employment or refuse to hire them under California’s Labor Code Section 1025.
Drug Testing of Job Applicants
Employers are allowed to have a drug-free policy for their workers, and as a result, they can mandate pre-employment drug testing before they officially hire an applicant. In order to require testing, they must extend a conditional job offer, but the actual employment does not begin until the candidate hat passed the drug screening.
However, employers are limited in the type of drugs they can test for, and these generally include illegal substances like amphetamines and cocaine. As for marijuana, just the use of pot and THC substances when the worker is off-the-clock cannot be used by employers to deny employment to a job candidate. The job offer can only be rescinded if the worker’s usage meets psychoactive levels that are likely to impair their ability to perform their job duties in a safe and responsible manner. Employers also have the right to enforce policies for a drug-free workplace by prohibiting the use of marijuana on work premises or a job site.
Current Employee Drug Testing
If a California employer has reason to suspect an employee of on-the-job drug use, they are allowed by law to request a drug test. Reasonable suspicion to justify a drug test involves various factors, like the employee’s appearance, behavior, work performance, or the worker being involved in an accident.
What the employer cannot do is base the reason for a drug test on protected characteristics such as race, gender, age, or disability status. Drug tests also cannot be random, expect in rare and limited circumstances. However, if the employer has ordered a drug test according to the laws and the employee tests positive for illicit drugs, the employer reserves the right to fire them.
Please note that drug testing laws may be different based on local ordinances. San Francisco, for example, has their own laws on drug testing employees for employers within their borders. With that in mind, we recommend that you contact a California employment rights lawyer as soon as possible if you suspect that you were wrongfully terminated after an unlawful request from your employer.
Reasonable Accommodations for Disabled Employees
The California Fair Employment and Housing Act requires employers to provide reasonable accommodations to employees with physical and mental disabilities. Employees who are entitled to consideration under these parameters include those who are under prescription meds like Adderall or undergoing treatment can result in a positive drug test.
In essence, it is illegal for an employer to fire someone because the employee is taking a medication that’s prescribed by a doctor. If you were fired after testing positive for Adderall, you may be eligible for a disability discrimination claim.
Help from a Wrongful Termination Lawyer
Losing your job is bad enough on its own, but it’s hard to live with the injustice of being fired for something you can’t control, like the need for prescribed medication to treat a serious condition. Our lawyers can help you fight back and ensure that you are fairly compensated if you are a victim of wrongful termination after a failed drug test.
By working with us, you receive the Zero Fee Guarantee, so you pay $0 out of pocket. Once your settlement is paid by the other party, we will receive a percentage to cover the cost of representing you. That means you won’t have to pay any legal fees if we are unsuccessful in recovering your payment.
To learn more about your rights and how we can assist you, contact us to schedule a free case evaluation.
