Last updated : May 19, 2025
Some workers believe that they are free to live their lives as they choose. They believe that they have the right to use drugs as long as they are not at work. If you are an employee or a prospective employee who holds this belief, you should know that you are partially correct. In a sense, you’re free to use drugs. However, police are free to arrest you, and employers are free to fire you for it, as well. Employers have the right to hire and keep employees who do not allow drug use to affect their workplace.
Nowadays, most employers give drug tests to people before and after they get jobs. What that means for you is that you will have to be clean to get a job, and you will have to stay clean to keep the job. Even small employers like convenience stores ask their applicants to take urine drug tests before they can complete the orientation process. Urine drug tests can detect drug use back at least 30 days.
Some establishments conduct hair tests that can go back 90 days or more. Other employers conduct different types of drug tests such as saliva tests and blood tests for pre-employment. The type of tests an employer issues depends on the budget and the turnover rate.
Employers have the right to conduct periodic drug tests
Employers have an option for ensuring that their workers stay clean. Most employers notify their new employees of their random testing rights when they first hire them. Random drug testing may be announced or unannounced. It may have a cause, or the employer may have no legitimate reason for conducting it, but a plan must be in place prior to testing. You may be terminated from your job if your drug test comes back positive and the results don’t include medication that has been prescribed.
On-the-job accidents prompt additional tests
Another reason an employer can conduct a drug test is if an accident occurs while you are working. A forklift accident is a reason that your employer may ask you to take a test. The employer may send you to the testing lab from work, or they may have someone come to the site and test you there. A positive test will result in an immediate termination of your position. Most modern employers are fighting to maintain drug-free workplaces but also have guidelines in place to make sure even prescribed drugs don’t impair employees in dangerous work conditions like operating heavy machinery. They conduct such tests to maintain their integrity, avoid workplace standards violations, and to minimize the possibility of lawsuits.
Types of drugs that will get you fired
Your employer can terminate you after a positive result on any drug test. They test for drugs such as marijuana, heroin, prescription painkillers, muscle relaxers, cocaine, ecstasy and more. You can avoid a job rejection or a termination if your doctor has prescribed medication for your condition, but you will have to submit a doctor’s note or prescription so the testing agency can verify that a doctor prescribed the drug to you.
Your employer may choose to punish you with a suspension or request that you enter a drug treatment plan instead of firing you. The employer does not have to give you a choice. The best way to ensure that you always keep your job is to avoid using drugs whether you are working or not. You can end up losing the job that you want, losing the job you have, and losing money and time if you receive a charge for possession. You may feel it’s your right, but it may be a costly one.
