With drug testing often being included in an employee’s contract of employment, there is the possibility that one day the test comes back positive, which means their employer has a very important decision to make. The options that are available to the employer range from termination, with the possibility of taking legal action against the individual, through to supporting them wholeheartedly which may even include them offering to pay for their employee’s drug rehab program.
If you own or run a business and have never had to face the reality of finding out a member of your staff is taking drugs, then if it does happen you might be shocked, and this runs the risk of you making a decision in haste. Instead, it is preferable that you are prepared in advance for this situation, and that means understanding what your options are, and what the consequences of each of them are.
The first thing you should focus on is checking whether or not the terms and conditions of the contracts which your employees have signed cover the misuse of drugs and what might happen if they fail a drug test. Regardless of how lenient or how severe you might wish any action that you could take against the individual to be, you are walking into a legal minefield if there are no policies regarding drug use specified in their terms and conditions.