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Old 11-20-2007, 03:38 PM   #1
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Default Is it a law to NOT hire if tested positive for weed?

I wonder... if an employee is a valuable one and the employer knows a thing or two about weed, is it OK for them to let you stay if you test positive? Or is it against the law?


What about actual hiring process... can they still take you if you test positive?


I can't see HOW the hell weed can affect your job if you don't do before or on the job...
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Old 11-20-2007, 03:49 PM   #2
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A major factor in coorperate drug testing is insurance. Manyu companies offer significant discounts to employers promising a drug-free workplace. If an employee is positive, and kept on the payroll, those significant discounts disappear. Most employers fin its much cheaper in the long run to fire the problem rather than pay more to be covered. Then theres the whole issue of workman's comp and whatnot. A hot (positive) test means workman's comp doesbn't have to pay in most situations, leavng you to pay for any incidents you may have on the job.

AS for actual laws requiring dismissal for a positive test, that depends on a variety of things....government or private sector chief among them.
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If total government control equals safety, why are prisons so dangerous?
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Old 11-20-2007, 07:14 PM   #3
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A major factor in coorperate drug testing is insurance. Manyu companies offer significant discounts to employers promising a drug-free workplace. If an employee is positive, and kept on the payroll, those significant discounts disappear. Most employers fin its much cheaper in the long run to fire the problem rather than pay more to be covered. Then theres the whole issue of workman's comp and whatnot. A hot (positive) test means workman's comp doesbn't have to pay in most situations, leavng you to pay for any incidents you may have on the job.

AS for actual laws requiring dismissal for a positive test, that depends on a variety of things....government or private sector chief among them.
Another thing about insurance is if that person tests positive and he/she has an accident, that company has opened itself up to huge lawsuits because of knowingly allowing someone who MAY be under the influence of a drug to work at that company. Now I hear you all saying "It's okay to work stoned." but thats not how its going to look to a jury in a civil lawsuit.
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Old 11-20-2007, 07:21 PM   #4
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Could get like a contractual thing going where you get your own health insurance?

Most companies offer crappy HMO that I would never even consider...PPO only!
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Old 11-20-2007, 07:48 PM   #5
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I employ young men in a pot friendly environment and my insurance carrier requires me to test all new hires. I cannot accept Medical MJ use as an excuse, I need clean test results in my file.

If a candidate is valuable to me, and fails the initial pre-employment test, I ask them to provide me clean test results within a week at their own expense. It is up to them to figure out how - *cough* substitution *cough* - but that is part of my plan; to see if they are any good at problem solving. When I receive the clean test results, I shred the prior results and hire the fellow.
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Old 11-20-2007, 08:00 PM   #6
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Legitimately illegitimate

How have you been bart?
Nice to see your still here
And its good to hear you're still a fair employer
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Old 11-21-2007, 03:26 AM   #7
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Originally Posted by BartSimpson View Post
I employ young men in a pot friendly environment and my insurance carrier requires me to test all new hires. I cannot accept Medical MJ use as an excuse, I need clean test results in my file.

If a candidate is valuable to me, and fails the initial pre-employment test, I ask them to provide me clean test results within a week at their own expense. It is up to them to figure out how - *cough* substitution *cough* - but that is part of my plan; to see if they are any good at problem solving. When I receive the clean test results, I shred the prior results and hire the fellow.
I don't know what kind of work you do or contract out but if there's an accident and someone gets hurt and the person that caused that accident tests positive for pot you're in trouble. And if the lawyers find out about that torn up drug test, you might as well just give the company to those lawyers.
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