Legal Question in Employment Law in California

I was just recently drug tested and showed up positive for medicinal marijuana. My employer has given me an option for rehab and counseling, but requires my spouse be a part of it. Is it legal to require my spouse to attend counseling with me or I am fired.


Asked on 6/03/11, 2:25 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Legal?

The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc., etc, just not retroactively. Employees have the 'right' to pay and employee benefits per the state wage and hour laws and any formal company policy that may be in place, the right to be provided a 'safe' workplace [including drug free] to minimize risk of injury [to you or others], and sometimes are entitled by law to certain medical/pregnancy leave rights. That's about it. Not only are there no laws against 'unfair treatment' or poor management, but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice.

Therefore, a offer to not fire you for drugs, if you and your spouse attend rehab or classes, is not grounds for complaint by you. You don't have to accept it, but they don't have to keep you. Your choice.

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Answered on 6/03/11, 3:26 pm


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