recently failed random drug screen. called & asked about returning to work. they said it was illegal to rehire

Question

they said it was not them but someone called disa telling them this. is this a violation of my right to work. non-union job in private sector

Answer 1

The D.O.T. has specific guidelines. They could be referring to the "Drug Free Workplace Act".

Answer 2

The company was being polite to you. There is no federal or state law that gives an employee the legal right to demand a job. In the US under private enterprise, an employee who is not represented by an employment or union contract is considered an at will employee. At will employees can be terminated for any reason except discrimination. The discrimination bases are at www.eeoc.gov

An employer can legally make their own rules and are encouraged by the government to take a hard stand against the use of drugs in the workplace. There is no federal or state law which will force an employer to rehire or to retain an employee who has failed a random drug test. That is just the way it is.

Answer 3

Whether it's illegal to rehire you depends on what your job was and where you are located. But it's not illegal for a company to have a policy not to hire you, or to fire you, if you fail a drug screen.

"Right to work" as in "right to work state" says you aren't required to join a union to work for a company that has a union. There is no "right to work" that says any company has to employ you.

And pretty much everywhere in the US is under something called "employment at will" which means you can be fired for pretty much any reason, or for no reason, unless you have a contract that says otherwise - obviously no reasonable employer would run around firing good employees just because they can though.

Answer 4

First off - Good luck with getting this one back in the bag. Like previous writers said, it is completely contingent on what you signed when you were first hired. Most companies in the United States choose to enact a contract when you are hired that you must sign. It states that if you are found to have failed a drug screening under that particular policy, than you will be subject to automatic termination. The only way around this is under the American With Disabilities act that was enacted in the 70's. If you have EVER been to rehab for any controlled substance, you can get your job back under this act because you fall under a protected class of workers. If you haven't - well it is really at their discretion if they choose to hire you back or not. Have a great day! Good Luck!

Answer 5

First, there is no "right to work".
Second, by DISA, do you mean "Defense Information Systems Agency " or "the leading provider of full-service Employee Screening Services: administering drug and alcohol testing policies for U.S. Department of Transportation (DOT), Corporate, and Contractors Consortium Programs"?
If "Defense Information Systems Agency " is involved, your former employer is a defense contractor and must abide by the Defense Department's rules.
If it is "the leading provider of full-service Employee Screening Services: administering drug and alcohol testing policies for U.S. Department of Transportation (DOT), Corporate, and Contractors Consortium Programs", then the job is probably in the interstate trucking industry, and DOT rules pre-empt regular law.

Answer 6

They lied about that...there is no law ANYWHERE that states that they cannot keep an employee that failed a drug test.

However, with that said, It is not a violation of your right to work. You don't have a right to use illegal drugs and they don't have to keep drug users as employees who can possibly come to work impaired.

If that is your "view" that you have a 'right' to use drugs and keep a job, then you are most likely an addict and in need of rehab.

Answer 7

Even if not illegal to rehire it may be company policy. You have no right to a job, right to work means you don't have to join a union not that you have a right to have a job.

Answer 8

You still testing positive?
It is a business decision,
could be that insurance will not cover you, could be that you are considered a safety or security risk.

Answer 9

if you can get a note from the doctor stateing you may be on meds that may have altered the drug test they will have to re-test you in 30 days or provide some type of drug counceling..call a employment attorney

Answer 10

That's a good question!