Picture this: You are a law-abiding citizen.
You observe the speed limit (or, at least, stay within five MPH
of it), you don’t cheat on your taxes, and you most certainly
do not take illegal drugs. Those values permeate your business and
you expect the same of your employees. You’ve done your
homework and you know that maintaining a drug and alcohol-free
workplace is the way to go, which is why you have a zero-tolerance
drug and alcohol testing policy. Your drug and alcohol testing
policy requires that your employees regularly submit to drug tests
and all applicants must pass a post-offer, pre-employment drug test
before beginning work at your company. What can go wrong,
right?
Let’s imagine you learn that Henry Hempster, your most
trusted machine operator, tested positive for tetrahydrocannabinol
(“THC”), the psychoactive component found in marijuana,
during a recent random drug testing. Not only are you shocked (and
perhaps disappointed), but you believe you have
