Can an employer fire you for a failed drug test if they offer EAP programs?

UPDATED: Sep 30, 2022

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Can an employer fire you for a failed drug test if they offer EAP programs?

As a temp, I was given paperwork from employer for drug testing and physical.
However, I did not receive the job description, wage, etc. New Link Destination
ok test, went to
orientation, and worked for three more days before I was fired. During
orientation, the HR employee specifically stated that they have an EAP program
for anyone that fails a drug test. As of that day, HR said I was an official
employee although I did not have a title, wage, etc. However, three days later
10 days since the test, I was called after hours and asked not to return to
work. I told her that I felt the test was wrong and asked about the EAP
program, but she said I was not welcomed back. I tried to explain existing
prescriptions and OTC meds that I was taking, but they refused to allow a
second test. Is this discrimination? If an employee comes to work and endanger
someone, he is subject to discipline and counseling, but as a new employee, I
was fired and not offered any kind of discipline.

Asked on March 15, 2017 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The short answer is, unless you had an actual written employment contract for a definite term (e.g. a one-year contract) which was still in force or effect, they could terminate you. Without a contract, you are an employee at will and have essentially no rights in or to your job--that is, no protection for your job. If the employer chooses to  terminate you instead of taking some other action, that would be legal.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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