Marijuana.com

MonarchX

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...

 

troublemaker_42

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.

__________________
Remember you're a wreck, an accident
forget the freak, you're just nature
Keep the gun oiled and the temple clean
shit, snort and blaspheme
Let the heads cool and the engine run
Because in the end,
everything we do
is just everything we've done..."Omega" by StoneSour
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Viper420

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.

MonarchX

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!

BartSimpson

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.

__________________

 

Nambus

Legitimately illegitimate

How have you been bart?
Nice to see your still here
And its good to hear you're still a fair employer

MonarchX

Say what? Its not legal for them to hire pot-heads?

BartSimpson

It has nothing to do with legality, it has to do with the nature of my business and the insurance I am required to have. I do pre-employment drug screens because I must for insurance purposes, and a prospective employee is required to sign the drug-free workplace policy that I am required to adopt - by my insurance carrier.

Of course I am not discussing certain professions that are required to be tested (Truck Driver's for example).

Viper420

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.

BartSimpson

Hint: it's all about rock and roll. There is no obligation to test an employee following an accident in my business - in fact many times it would be a Union Issue and likely require me to file a grievance against the employee to achieve such tests, with a Shop Steward and Union Lawyer present at my expense.

You are seriously misinformed on employer liability. My liability was relieved when the employee signed the Drug/Alcohol-Free Workplace policy declaring that he/she would not use or be under the influence of such substances. Should that employee be tested positive following an accident as a result of medical treatment or criminal investigation, they have forfeited my insurance company's protection. I remain protected under my G/L policy, but the employee is left to wither on the vine. In my world, if my employee is busted, it is all on him to defend himself. Granted the defense mounted by my insurance is likely to protect the employee by default - but my insurance can also sue the employee.

Secondly, the employment selection process is not that vulnerable to lawyers that my use of the second test results would ever be an issue. In the dozens of cases that I have dealt with this issue, I do not acknowledge the first test as valid and offer to consider a second test. The typical young man will always be sheepish, claim it was a mistake and agree to a second test. Granted this is done with a *wink wink*, but to tell the truth, this is the least of my worries. I have a number of other employment vulnerabilities that I lay awake at night worried about; sexual harassment, false accusations, theft, and bad catering keep me far more pro-active than an applicant's first drug test.

But can I say something here - Viper420 - I tolerate pot. Only pot. I am absolutely known to despise meth-heads; even former meth-heads. They have certain mannerisms, ticks, behaviors and habits that are detectable long after use - and begin early in use. If the pre-employment test is positive, they tell me why - and my little program is only for MJ - I will never hire a meth-head. To generalize potheads, they know when they get a break and tend to honor it - the number of "wind-tests" conducted by LEO's across this country prove my point. I doubt that I suffer any significant exposure because I accept a pre-employment drug test from the applicant rather than my own vendor.

Part of what I do here is to help the young men deal with the real world - men, if you fail the first test and are a strong candidate, offer a second test at your personal expense. And go read about substitution.