QUESTION

Is it legal for an employer to rescind an offer if I passed and had to retake the pre-employment drug screening as a condition?

Asked on Feb 28th, 2014 on Litigation - Wisconsin
More details to this question:
I had an offered employment with condition of pre-employment drug screening. The results came back negative dilute. The employer had me to attend the staff meeting and announced that I was the new boss once drug screening results came back. I had to retake the test and surely it will come back the same and the offer will be rescinded. The entire staff will then think that I failed the test. Is that legal?
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4 ANSWERS

Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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See an attorney now, as this appears to be time critical. How is it that you know the results of the test? If you are manipulating the test to make it dilute then there is a problem, and you will have honestly failed the test. The fact that others will know is due to you actions.
Answered on Mar 04th, 2014 at 4:53 PM

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Thomas Edward Gates
You offer was contingent upon you not passing the screening. If you are unable to do so the offer is off the table. Since the employees have gone through the same screening, they indeed will know that you failed the test.
Answered on Mar 04th, 2014 at 4:52 PM

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I know of no legal remedy available to you under GA Law. Employer may rescind an offer for any reason in GA, just like they may fire you for any reason in GA. For more info, Google this: Georgia, employment at will
Answered on Mar 04th, 2014 at 4:52 PM

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Litigation Attorney serving Monona, WI at Fox & Fox, S.C.
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Probably. But contact an attorney or the Wisconsin Equal Rights Division to fully review your situation.
Answered on Mar 04th, 2014 at 4:51 PM

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