February 25, 2019

Before you fire that employee who failed your annual/random/post-incident drug test by testing positive for marijuana, you may need to rethink termination if you’re in a state like Arizona.  Under Arizona’s medical marijuana act, unless an employer has pretty good reason to believe that the employee was “high” while working, to terminate an employee solely for testing positive may constitute wrongful termination.  The lesson for employers here is don’t focus just on the results of a drug test; instead know the common signs of impairment, document them, and rely on those signs to determine whether the employee was under the influence of marijuana at work.  Consult with one of our attorneys at myHRcounsel to find out how to properly discipline or terminate an employee who fails a drug test to prevent a potential wrongful termination claim. 

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