If you are a truck driver and fail a drug test shouldn’t you immediately be removed from driving the truck?

UPDATED: Sep 30, 2022

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If you are a truck driver and fail a drug test shouldn’t you immediately be removed from driving the truck?

My husband was fired for failing a drug test. His employer got results of the test on November 22. My husband was allowed to continue working until November 28th. If they were so worried about him being on drugs why would they continue to let him drive. My husband is not on drugs by the way.

Asked on December 19, 2016 under Employment Labor Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, they should have suspended or terminated him immediately, and because they had not, if he'd had an accident if he had been drugs, they would have been liable. However,  while they should have acted immediately, if your husband did not have a written employment contract preventing his termination for this reason or without additional discriplinary steps or investigation, he was an employee at will and could be terminated at any time, for any reason, including for the test results several days later.

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