Termination Appeal Denied

[Nowell]

What is the name of your state? Arizona

I failed a pre-employment drug test by testing positive for marijuana although it is legal in my state. I understand that the company is funded by the government, and as such, they are subject to follow federal laws. Marijuana is illegal federally.

The pre-employment documents state that upon a positive pre-employment drug test result, termination can be appealed with HR, and I would be subject to random drug testing and substance abuse counseling. I appealed my termination, and stated that I am willing to undergo random drug testing for as long as necessary, and am willing to undergo substance abuse counseling. Unfortunately, the appeal was denied.

Marijuana stays in the system for 45-60 days. Obviously I would never go to work under the influence of any drugs. Substance abuse also runs in my family. I do not believe I should be terminated for recreational use, but I understand the reasoning.

I already signed a lease too. I'm just wondering what my legal options are, if any, in regards to this company denying my appeal in which I would have undergone periodic drug testing and substance abuse counseling as stated in the pre-employment documents. Why would they include all of that in the pre-employment documents if they are only going to deny the appeal and terminate me anyway?

Thank you.

 

[ShyCat]

It's unclear: was it a pre-employment drug test that you failed?

 

[Ohiogal]

They have an option in putting that in the paperwork. But yours really isn't a legal question.

 

[cbg]

In any of that pre-employment documentation, does it GUARANTEE that all appeals of termination will be successfully granted? Or does it simply provide it as something they are willing to allow?

If not guaranteed, then if your appeal is denied your legal options are to file for unemployment, hope that you get it, and start looking for another job.

 

[adjusterjack]

I failed a pre-employment drug test by testing positive for marijuana although it is legal in my state. I understand that the company is funded by the government, and as such, they are subject to follow federal laws. Marijuana is illegal federally.

Even a business not funded by the government would be subject to federal law. And even if they weren't they still have the option of not hiring druggies.

The pre-employment documents state that upon a positive pre-employment drug test result, termination can be appealed with HR, and I would be subject to random drug testing and substance abuse counseling.

I'm guessing that provision exists for long term valued employees who fail a drug test for the first time, not for applicants who are already druggies.

I'm just wondering what my legal options are, if any, in regards to this company denying my appeal

Zero.

I suggest you stop using, if you haven't already done so, and hope you pass your next pre-employment drug test.

 

[Nowell]

Even a business not funded by the government would be subject to federal law. And even if they weren't they still have the option of not hiring druggies.



I'm guessing that provision exists for long term valued employees who fail a drug test for the first time, not for applicants who are already druggies.



Zero.

I suggest you stop using, if you haven't already done so, and hope you pass your next pre-employment drug test.

Thanks for your input. For your awareness and future reference, not all people who smoke weed are "druggies". Just like not everyone who drinks alcohol is an alcoholic. I hope this makes sense to you. There are real substance abusers out there who need help.

 

[Zigner]

https://www.dictionary.com/browse/druggie

...by definition.

With that said, "druggie" is often a derisive term, along the lines of "pot head" or "stoner". Let's just call you an illegal drug user, k?

 

[Nowell]

https://www.dictionary.com/browse/druggie

...by definition.

With that said, "druggie" is often a derisive term, along the lines of "pot head" or "stoner". Let's just call you an illegal drug user, k?

Not an illegal drug user if it is legal, k?

Druggie is a derogatory term. Alcohol is a drug. If you enjoy your weekend beers, you must be a druggie too
Alcohol and weed are both legal in AZ.

It just so happens that marijuana stays in the system for 45-60 days, whereas alcohol stays in the body for a few hours. For all they know, I could be a cocaine addict, and would have passed my drug test since cocaine stays in the body for about 3 days.

Hope you understand!

 

[Zigner]

Not an illegal drug user if it is legal, k?

But, you are. I don't dispute that it's not against state law, you've already acknowledged that you know it's against federal law.

Druggie is a derogatory term. Alcohol is a drug. If you enjoy your weekend beers, you must be a druggie too

I don't.

Alcohol and weed are both legal in AZ.

Last time I checked, Arizona was still part of the United States.

It just so happens that marijuana stays in the system for 45-60 days, whereas alcohol stays in the body for a few hours. For all they know, I could be a cocaine addict, and would have passed my drug test since cocaine stays in the body for about 3 days.

Yep, experienced coke users know how to avoid testing positive I suppose.

Hope you understand!

I do understand and, although you may not think so, I'm actually on your side about this. I don't see any real problem with medicinal use of marijuana. That is, of course, assuming you aren't going to be working in a field where possible marijuana impairment can put your safety or the safety of others at risk. But let's not play around here. The fact is that marijuana is an illegal drug at the federal level.

 

[Nowell]

But, you are. I don't dispute that it's not against state law, you've already acknowledged that you know it's against federal law.

I don't.
Last time I checked, Arizona was still part of the United States.

Yep, experienced coke users know how to avoid testing positive I suppose.

I do understand and, although you may not think so, I'm actually on your side about this. I don't see any real problem with medicinal use of marijuana. That is, of course, assuming you aren't going to be working in a field where possible marijuana impairment can put your safety or the safety of others at risk. But let's not play around here. The fact is that marijuana is an illegal drug at the federal level.

Well, how is something illegal (in Arizona) if it is legal in Arizona. Haha. I am curious.

From my understanding, it is only illegal when crossing state lines into a state in which it is not legal.

I 100% agree about not working a job in which marijuana impairment can cause safety hazard to yourself or others. How is smoking on the weekends a safety hazard if I were to smoke on Friday after work, and then go to work sober Monday?
The THC binds to fat cells, and those metabolites take days/weeks/even months to leave the body. You aren't actually "high" throughout that time period though. Just like you drink and feel the effects for a few hours, well, weed is the same.

I just feel like things are backwards. I want to work, but can't because I failed a drug test for smoking weed at multiple family parties. I use recreationally on weekends. Can't complain though, I get to remain on unemployment WOOH! THANK YOU FEDERAL LAWS.

Meanwhile, there are people who don't want to work. I'm willing but can't. Yeah, backwards.

 

[Zigner]

Well, how is something illegal (in Arizona) if it is legal in Arizona. Haha. I am curious.

Because there are multiple laws that apply. It is not illegal under one of those sets of laws, but is illegal under another set of laws. The two are not mutually exclusive.

From my understanding, it is only illegal when crossing state lines into a state in which it is not legal.

Your understanding is wrong.

I 100% agree about not working a job in which marijuana impairment can cause safety hazard to yourself or others.

Good.

How is smoking on the weekends a safety hazard if I were to smoke on Friday after work, and then go to work sober Monday?

Never said it was.

The THC binds to fat cells, and those metabolites take days/weeks/even months to leave the body. You aren't actually "high" throughout that time period though. Just like you drink and feel the effects for a few hours, well, weed is the same.

Irrelevant.

I just feel like things are backwards. I want to work, but can't because I failed a drug test for smoking weed at multiple family parties. I use recreationally on weekends.

If you can't curtail your recreational use in order to facilitate your employment, then you have a problem. On top of that, with your family history, you are more susceptible to addiction.

Can't complain though, I get to remain on unemployment WOOH! THANK YOU FEDERAL LAWS.

Meanwhile, there are people who don't want to work. I'm willing but can't. Yeah, backwards.

I understand that is rhetorical, so won't respond.

 

[Nowell]

Because there are multiple laws that apply. It is not illegal under one of those sets of laws, but is illegal under another set of laws. The two are not mutually exclusive.

Your understanding is wrong.

Good. Never said it was.
Irrelevant.

If you can't curtail your recreational use in order to facilitate your employment, then you have a problem. On top of that, with your family history, you are more susceptible to addiction.


I understand that is rhetorical, so won't respond.

I can curtail recreational use. Haven't used since those family parties. Just got the bad end of the stick, and my pre-employment drug test happened to be a week later. The interview and getting the job happened so fast. And in that week's time, the weed didn't leave my body. The comment I made about how long THC leaves the body is actually very relevant. If I was an alcoholic, it would have left my body, and for all they know, they could have a hardcore alcoholic working for them who would 100% pass a drug test.

I think my point is, they need to change this drug testing system for something more reliable. Do constant drug tests.

Anyway, thank you for your input. I appreciate it greatly.

 

[Zigner]

I can curtail recreational use. Haven't used since those family parties. Just got the bad end of the stick, and my pre-employment drug test happened to be a week later. The interview and getting the job happened so fast. And in that week's time, the weed didn't leave my body. The comment I made about how long THC leaves the body is actually very relevant. If I was an alcoholic, it would have left my body, and for all they know, they could have a hardcore alcoholic working for them who would 100% pass a drug test.

Nobody is testing you for alcohol and nobody is asking if you are an alcoholic. It is irrelevant to this matter.

I think my point is, they need to change this drug testing system for something more reliable. Do constant drug tests.

Who is "they"? A company is free to enforce their policies in any way they see fit (assuming it doesn't run afoul of discrimination laws).

Anyway, thank you for your input. I appreciate it greatly.

You're welcome. I'd like to add that I hope you take may posts more as a way of helping you open your eyes to other viewpoints, and not an indictment or criticism of you personally.

 

[Nowell]

Alcohol is just an ex

Nobody is testing you for alcohol and nobody is asking if you are an alcoholic. It is irrelevant to this matter.

Who is "they"? A company is free to enforce their policies in any way they see fit (assuming it doesn't run afoul of discrimination laws).

You're welcome. I'd like to add that I hope you take may posts more as a way of helping you open your eyes to other viewpoints, and not an indictment or criticism of you personally.

Alcohol was just an example. Cocaine can be substituted to make my point. To my specific matter, yes, it is irrelevant. "they" as in, whoever comes up with these drug testing criteria. Everything can be improved upon. Maybe I'm just a little salty because of my how my specific situation unfolded, but it just makes me realize there are people doing much worse out there who end up finding ways to pass a drug test. I chose to not use synthetic urine or anything like that, and I don't use harder, more illegal drugs such as coke and stuff. In the end, my honesty cost me, but it is a blessing in disguise. I found a better paying job, and get to remain on unemployment a bit more longer. I definitely love to see other perspectives and viewpoints, so for that, thank you so much. Have a good day! This forum is very interesting, I can learn a lot from here that is for sure.

 

[cbg]

So, DOES all this pre-employment paperwork guarantee you that you can be fired for testing positive, and that all you have to do is appeal it and you're automatically re-instated?