Campbellsville, KY asked in Employment Law, Workers' Compensation and Employment Discrimination for Kentucky

Q: Can an employer mandate a drug screen, for 'workman's comp', 7 days post injury? Then use the results to terminate the

Employee based on the results based on violating a drug-free workplace policy? But, the employee had not been in the workplace for 7 days. Post injury & workman's comp window of time for testing had long passed. Not at fault for the injury.

No warning, was threatened to submit or be terminated, wasnt a comp claim yet, said

test was 'protocol' for WC, then said it was a work policy, wasn't allowed to submit medications, not offered EAP. No prior disciplinary issues or missed multiple days of work. Does have PTSD & DID report harassment & discrimination on March 17.

1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Employment Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: No. That is clearly pre textual for violating your civil rights. Hire a lawyer immediately.

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