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Your employment protections following a positive drug test

Many employers in Minneapolis may, as a way to protect themselves from the potential of liability issues, require that you and your coworkers undergo random drug testing. While that may be their right to do so, we here at Neaton and Puklich PLLP would remind you that your rights also need to be considered in such a situation, as well. While drug testing technology has advanced in recent years, there are still many factors outside of your control that can influence a test result. If, by chance, your drug test comes back positive, you may want to know what employment protections you have while challenging such a result.

The Office of the Revisor of Statutes for the state of Minnesota lists certain rights you have if you happen to test positive for drugs or controlled substances. They are as follows:

  • An employer cannot discharge, discipline or discriminate against you, or require that you seek drug rehabilitation following a positive initial test result until a confirmatory test can be administered.
  • An employer may transfer you to a position of equal pay or suspend you as confirmatory tests are being processed. If, however, those results come back negative, you must be reinstated with back pay.
  • An employer cannot discharge, discipline or discriminate against you, or require that you seek drug rehabilitation based off of information from your medical history if you were not required to provide such information prior to or after being hired.

If a confirmatory test does come back positive, yet it is your first positive drug screening, your employer must give you the chance to participate in drug counseling. Only if you refuse such services does it have the right to fire you.

More information regarding your employment protections can be found by continuing to explore our site.

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