By law, how long does an employer have to terminate an employee after a faileddrug test?
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By law, how long does an employer have to terminate an employee after a faileddrug test?
Asked on August 13, 2010 under Employment Labor Law, Kentucky
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Most states follow a stated doctrine in the law known as "employment at will." This basically means that an employee without a contract can be fired for good cause, bad cause or no cause at all. There are certain instances where the Courts have limited this ability to fire by the employer, such as if it would be against public policy. Failing a drug test for illegal use of drugs is against the law. Your employer would then have good cause to fire you immediately. He does not have to wait any statutory period. It is within his discretion. It may be in your best interest to speak with him before he gets the results. Good luck.
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