Can an employer turn down an offer of employment due to positive results on a drug screen if I have a script?
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Can an employer turn down an offer of employment due to positive results on a drug screen if I have a script?
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I have a perscription for medical pot. If I take a pre employment drug test that shows positive for pot, but I have a valid perscription for it, can the employers still refuse to employ me?
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rwa000
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yes they can, just because it is legal doesn't make it safe. The employer has an obligation the rest of the employees.
If you take codeine for pain and it is prescribed the employer has a right to reject you due to his own insurance Carrier being held liable if you hurt some thru and accident or negligence. MAKE IT REAL SIMPLE TELL THE POLICE OFFICER THAT STOPS YOU THAT YOU HAVE A SCRIPT AND ARE USING NOW AND SEE HOW FAST YOU GO TO JAIL FOR DUI |
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G Y
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LOL An employer can hire who they want. To a certain degree ofcourse. You could take them to court I suppose, but the proof would be yours to prove. They wouldn't hire someone that has an ongoing prescription because that person is ill and going to cost them money. You must live in California-as do I. Anybody can get a phony script for pot in California! I think the employers are smart enough to know this as well! You would be better off cleaning your system before a drug test, and keeping your prescription to yourself-if you truly want the job. |
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Squat1
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The "Drug Free Work Place Law" in the U.S. overrides your "medical prescription".
You can be legally refused employment if you test positive. |
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leysarob
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Yes. There may also be safety issues at stake as well as what some of the other posters have said. Whether or not you are legally taking a drug does not make it necessarily safe for you to do certain types of jobs. |
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Judy
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The employer isn't required to employ you - doesn't need drug test results to turn you down. So yes of course he can refuse to employ you, and he doesn't have to give you a reason. If you have a valid reason for the pot script, you'd be wise to talk to the potential employer about it BEFORE taking the test.
Foxxy lady is wrong. There are specific categories that are protected by discrimination laws - gender and race for example - but NOT medical issues. |
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Adam G
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It depends is medical marijuana is legal in your state. I don't think many employers will accept it. Good luck. |
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Francesca Thomas
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In canada No, but in USA, it is possible because pot is illegal and most businesses do NOT know about it being used for medical reasons, and they will try and say its just an excuse to smoke it.
I agree with Judy, thats something that should be mentioned BEFORE the drug test. |
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SeasonedRecruiter
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Technically, as long as you produce the script and disclose it on the chain of custody form, they cannot deny you employment for that reason.
However, they can find some other reason to not hire you if they really want to. It would be hard to prove that was the reason why. |
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foxxy lady
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no they can not. that is called discrimination and u can sue them for discriminating u. just make sure that u take the proof that u are perscribed this before they send u for a drug test, that way they already know what will show up.
giving me a thumbs down is being ignorant. that would be like people on pain killers like lortab, perks, darvocets and so on, would not be able to get a job because they have drugs in them. grow up people. it's discrimination and thats that. |
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