According to a recent article by McAfee & Taft, an Arkansas company successfully fired an employee for testing positive for marijuana. While your organization may not be located in Arkansas, there are valuable lessons to be learned from the case (Prinsen et al v. Domtar A.W., LLC, 4:22-cv-4076 (W.D. Ark. 1/31/23). One such lesson is […]
How to Document Workplace Impairment
We often get requests from clients who provide an example of workplace impairment they’ve witnessed. Then they tell us they want to send the employee for a drug test in the hope of getting a positive result without a documented observation. Some supervisors see poor performance in the workplace and believe substance abuse is the […]
Medical Marijuana Users in Safety Sensitive Positions
We have frequently written about the danger of having medical marijuana users in safety sensitive positions in your workforce. We are very concerned about employees using this drug and then being on the job in a safety position. When it comes to marijuana, we want to encourage employers to take steps to protect their workforce […]
Reevaluate Your Workplace Drug Testing Policy AND SAVE A LIFE
Have you ever considered that your drug testing program could save a life? Many think that workplace drug testing programs provide the means to justify firing an employee who is performing poorly. Nothing could be farther from the truth. It’s true that some companies attempt to use drug testing as a way to dismiss unproductive […]
Drug Testing Mistakes That Can Be Avoided
Unfortunately, many employers commit drug testing mistakes that can be avoided with simple preventative measures. In one recent instance , a CATS (Capital Area Transit System) comptroller was fired after failing a drug test. The individual initiated a lawsuit claiming the employer retaliated against them for reporting issues like financial mismanagement. Furthermore, the employee claims […]
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