allmark
Participating member
This depends on the size of the company as to whether the company has to pay for it or not.In NY if there was not a pre screen drug test and policy on the books, he has a disability and can not fired. He needs treatment...as much as it might not work . Same as firing an employee coming to work drunk. Against the law, he has a disability. I worked for a large company that did not know this and tried to implement a drug policy after the fact, shit storm and a half. Sure small companies can get away with it because most folks do not know their " rights", nor have the coin for a lawyer.
One thing I have not seen mentioned yet...I didn't see all the posts... That employee has a cdl. He/she is required by law to pass a pre employment drug test and be randomly tested while employed. When he/she signed their license they accepted responsibility for their actions. I would and have immediately fired someone who even had an illegal substance in the company vehicle. Even alcohol in the vehicle unopened or not your gone.