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Can you get fired if you fail a drug test but have a prescription for the drug?

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bama816

Junior Member
What is the name of your state Alabama

Ok i took a drug test at my work and didnt pass it. I went home and gave them the perscription and the reason im on the drug. Im on a pain pill i took 1 saturday and that was it. Can i get fired for this? They sent me home so they could test the levels of the drug. What can i do if they do let me go for this.
 


cbg

I'm a Northern Girl
You can file for unemployment and look for another job. The fact that you are taking the medication legally does not make it prohibited for them to fire you. The effects of legal medication are just as real as the effects of illegal medication.

I don't want someone who is on prescription Vicodan for pain driving a forklift any more than I want someone who was smoking pot on his lunch break driving one, if you see what I mean.
 

bama816

Junior Member
so its going to be up to them and what the level is from the test? I took another test on tuesday morning and i passed it. So my thinking the level would be very low then???
 

cbg

I'm a Northern Girl
If you passed the second test I see no reason why they should fire you, but that's me; I'm not them and I don't know anything that you haven't told me. You have told me very little. So I could be wrong.

All I can tell you for certain is that firing you for failing a drug test is legal, even if you have a prescription for the drug.
 

bama816

Junior Member
Well here is the story!!!!

I hurt my back moving things around the house back in jan of this year. So i went to the doc he gave me a perscription for loratab.I didnt take them all i was off work for a few days. Well last weekend i was moving stuff for a friend and bam my back started hurting again. So i went home took 1 loratab at 7:00 pm and went to bed. Monday morning i go to work and we have a plant wide drug test at 1:30 pm. So i took it and failed the first test. So i took it again and faild the test for opiates. I didnt know what that was so i went home and looked on the internet. I found out and it was the pill i took saturday. So i go to my doc i get the paper work from him the reason i went to the doc the meds he gave me. So i take it back to hr at my work and she said it will take 3 days to get the levels tested and they will call when that happens. So tuesday morning i went to my wifes work and they give the same drug test to people that work there. I passed the test tuesday morning and now im waiting.

Thats the whole story.
 

Zigner

Senior Member, Non-Attorney
Your job may be such that you can't work under the influence of that sort of drug...
 

Zigner

Senior Member, Non-Attorney
Well here is the story!!!!

I hurt my back moving things around the house back in jan of this year. So i went to the doc he gave me a perscription for loratab.I didnt take them all i was off work for a few days. Well last weekend i was moving stuff for a friend and bam my back started hurting again. So i went home took 1 loratab at 7:00 pm and went to bed. Monday morning i go to work and we have a plant wide drug test at 1:30 pm. So i took it and failed the first test. So i took it again and faild the test for opiates. I didnt know what that was so i went home and looked on the internet. I found out and it was the pill i took saturday. So i go to my doc i get the paper work from him the reason i went to the doc the meds he gave me. So i take it back to hr at my work and she said it will take 3 days to get the levels tested and they will call when that happens. So tuesday morning i went to my wifes work and they give the same drug test to people that work there. I passed the test tuesday morning and now im waiting.

Thats the whole story.
Why does your wife's work come in to play? You were under the influence at YOUR place of employment.
 

bama816

Junior Member
I wanted to do another test to see if i would pass. Thats the only reason i got a test from her.
 

Zigner

Senior Member, Non-Attorney
I wanted to do another test to see if i would pass. Thats the only reason i got a test from her.
So, you STOLE from your girlfriend's place of employment (or, rather, SHE did), jeopardizing her employment.

The test you took on Tuesday has no validity or bearing what-so-ever on the (perfectly legal) actions that your employer took.
 

You Are Guilty

Senior Member
Every properly run drug screening I've seen specifically asks you, before you give a sample, to list all prescription drugs you've taken within XX days. What did you put down for that question?
 

eerelations

Senior Member
No matter what else is being said here, it's still legal for your employer to fire you for failing the first drug test. In fact, it would be perfectly legal for your employer to fire you had you passed the first drug test.
 

Zigner

Senior Member, Non-Attorney
No matter what else is being said here, it's still legal for your employer to fire you for failing the first drug test. In fact, it would be perfectly legal for your employer to fire you had you passed the first drug test.
..Agreed..
 

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