Liability and Law: What To Do If One Of Your Employee Fails A Drug Test

As an employer, you need to make sure that your workplace and your employees are as protected as possible. Having regular drug screenings is a good way to avoid liability by determining if there’s any substance abuse or illicit drug use among your employees. Should any of your employees fail, there are several options available to you. Here are four tips on what to do if one of your employees fails a drug test.

Talk with the Employee

A failed drug test by an employee might have more to it than you realize. You might feel the urge to fire them right away. However, you should be willing to listen to them explain the circumstances, if there are any. You don’t want to embarrass them in front of any other employees. Send them an email telling them you want to speak with them privately. Then, you can discuss the issue together in confidentiality.

Consider Treatment

If your company has good healthcare at your office you might be able to enroll an employee in a rehab or treatment facility. This will depend on whether your employee is willing to do so, of course. If they are, you should have them to do so as soon as possible. Make sure that they understand the terms, such as having to successfully complete treatment or risk losing their job. You are giving them a fair chance by doing this for them.

Fire Them

It might not be an easy option, but you might have to terminate an employee who fails a drug test. If you have somebody with a history of active substance abuse on your team, you risk a great deal of potential liability. You can’t always ensure that they will be able to give up their substance. While this is a difficult choice, it can sometimes be the best one.

Hire an Attorney

Should you fire an employee on the basis of failing a drug test, they might sue. In order to fight the case successfully, you should work with an attorney like Joe D. Gonzalez or someone similar. Typically someone who was worked on drug-related cases in the past would be a good choice to help you make sure that you and your company are properly protected.

Hopefully this has given you a great idea of what to do if one of your employees fails a drug test. It can be frustrating to deal with, but with these tips, you can help make the best decision possible.