Reference no: EM132180878

Drug Policy Violation

“We had no choice but to fire him,” explained supervisor Tim Walton, “Jerry knew our drug policy and he simply chose to ignore it”. The drug policy was clear – “Employees suspected of drug use are required to submit to a drug test on demand by the employer”. “If employees took drug tests whenever they wanted, we would never catch the abusers”, said Tim. At the company’s ADR hearing, Jerry responded, “They can’t fire me…I refused to take the drug test because I was sick in the hospital when I collapsed from the excessive heat on the shop floor. I took the test the next day and passed it.” Replied Walton, “ All I know is he refused to take the test, so no investigation is needed.”

The case arose when 2 employees observed Jerry in the employee’s locker room put a white substance under his nose and sniff it. Suspecting drug use, they reported the incident to Walton. Two days later, Jerry was asked to take a drug test while recovering in the hospital from heat exhaustion. He refused saying he was too sick to take it and provided a doctor’s affidavit confirming that fact. The following day took and passed the drug test, but the company refused to reconsider its termination decision. Jerry has filed a wrongful discharge claim.