Legal Question in Employment Law in Kentucky

If an employers' drug testing policy states that any employee that tests positive for illeagal drugs and/or alcohol will be suspended without pay until a negitive test result can be produced, can they enforce this with an employee that has tested positive for a prescription drug that they do not have a prescription for?

Asked on 3/10/11, 8:48 am

1 Answer from Attorneys

Andrea Welker Welker Law Office

Yes. If an individual does not have a prescription for the drug he is taking, it is an illegal drug.

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Answered on 3/11/11, 4:42 pm

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