Athens, TN asked in Employment Discrimination and Employment Law for Tennessee

Q: This would have to do with Employment Law dealing with Drug testing after employment, not pre-employment.

My husband was given a drug test today, which he passed. The only thing that showed up was a prescription medication that he has a prescription for from a doctor that does not impair his ability to do the job he was assigned. The company said that he "failed" the drug test because he did not disclose his prescriptions "per the handbook." The handbook states "Each employee is required to perform his/her duties unimpaired by legal or illegal substance, ect....It is every employees responsibility to take reasonable care of the health and safety of others in the workplace&ensure that their performance&actions are not impeded by the use of legal/illegal drugs/alcohol.The handbook doesn't state that they HAVE to disclose what meds the employee is taking. Well, my husband was terminated because of this drug test after he has been employed there since 4/24/17.Is this not discrimination because they say he failed his drug test for a prescription med that he has a legal script for?

1 Lawyer Answer
William C. Head
PREMIUM
William C. Head
Answered

A: Two issues are shown here. One, the application for employment. What was on it MAY make a difference.

Second, what was the drug? Drugs relating to mental conditions, for which the safety of others is at risk can be a problem.

To make sure that this was not merely an EXCUSE, contact a TN specialist:

http://attorneys.superlawyers.com/wrongful-termination/tennessee/

1 user found this answer helpful

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