An employee can be fired for rejecting a rehabilitation treatment provider, post positive drug test, according to Randi Winter of Felhaber Larson. He draws on a recent Minnesota Court of Appeals case, which found that an employer can oust a worker who seeks to change chemical dependency treatment programs.
Under Minnesota law, employers cannot fire employees after their first positive drug or alcohol test, unless they are given the opportunity to attend drug or alcohol counseling or treatment and then refuse to participate. In the case at issue, the plaintiff tested positive for marijuana after a workplace injury, explains Winter. He was put on unpaid suspension and told he could return to work if he successfully participated in a treatment program.
