A 50-year old man employed at company X was given an on-site urine test (using a commercial test strip). He tested positive for amphetamines. Upon questioning, he said that he never took amphetamines, but that he was treating bad head cold symptoms by taking an antihistamine (Actifed Cold and Allergy Tablets) and using a Vick's inhaler.
If company X used the initial on-site test results to fire the man mentioned in question 1, would he have grounds to sue for wrongful termination?
If the accused person is fired because of preliminary tests, in some cases he may be able to save his reputation through legal action. In some jobs where specific restrictions are in place, such as those that require high levels of attention, the individual may be bound by additional restrictions limiting the use of OTC decongestant products. This will also vary considerably from state to state based upon the individual employment laws in place. (As with any legal question, it is not cut and dried, but will vary significantly depending on many factors such as the man's work history, state, etc.)
A 50-year old man employed at company X was given an on-site urine test (using a...