Pre-employment Drug Screens

System · August 2003

We do pre-employment drug screens. Because of the time it takes to schedule the appointment and get the results back (approximately 1 week) at one of our locations in Iowa, the plant manager wants to hire the employee before he has been in for a drug screen.
Is it legal then, if the drug screen comes back positive 1 week after they start, to terminate their employment for this reason? Our handbook does say all employees are "at-will" employees and "as a condition of employment, the company will maintain post-offer, pre-employment drug screening practices."

cthr · August 2003

I would check your state law on this. We do pre-employment drug screens and no employee may start until the results are back. Even if you are employment at will some states have stricter policies regarding drug screens. Remember once they come on board and the results come back positive, you may have an ADA claim, if they admit to drug addiction and seek treatment. Besides, don't most people give two weeks notice to their old employer. If you schedule them within 24 hours of acceptance of offer, even if it takes a week for the results, they should still be working for their old employer.

Don D · August 2003

Unless your state law precludes doing so, you can tell the person whose results came back 'disappointing', "Sorry Charlie, we're going to have to let you go. I'm sure you heard from the MRO already, but if not, the reason for your termination is that the results of the drug screen were not what we'd hoped for". I too have been plaqued in the past by Vice President types and some Department Heads who insist on hurrying up the process. All the pieces that are left suspended out there are somehow "HR's problem". Sadly, often little value is attached to such things as good background check, drug screen results, brainstorming how the candidate did in all the interviews, reaching agreement on a good fit, etc. "Just get me somebody to fill that chair. If he screws up, then it's HR's fault and they can get me somebody else. I got work to do."

System · August 2003

I think Don D's employer thinks like mine. We have allowed a worker to be on the job before the results have come in. If they are "unacceptable," we terminate. The only problem I see is liabiltiy. It's not the wisest way to conduct business to have an employee using illegal drugs as an employee. We sweat out the days until the drug screen comes back.

Yes, it would be HR's problem. I was told once that I get good money to be the "fall guy." (I'm not a guy).

"Sam"

Alice Mount · August 2003

I would be looking into another lab. There should be no reason for any drug screen to take that long. We do a thousand a year and most are back in three days or less (unless they ARE positive)...anywho, Look at the work you are causing yourself, wait on the drug screen. What happens if the employee gets hurt while your waiting on the results, now you have another problem and a big one. she/he is now on your work comp. Also, you are jeopordizing all your other employees, moods of habitual users is not something you want in your work place...scarry!

Betty I_O · September 2003

I think all of us have been in situations where some Managers have the "just get them in here/don't care how/need 'em NOW/make an exception/warm-body syndrome" . . . Why "buy" yourself a potential problem by bringing someone on board before you are certain they are drug-free and physically capable of doing the job? The liability is too great. We will not allow anyone to start work without satisfactory completion of the job-related pre-employment physical, which includes the drug screen. We have the results back in three to five working days, and our management staff understands there will be no one commencing work without first being physically cleared--no exceptions.

Pre-employment Drug Screens

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