Notably, recreational marijuana became legalized in the state of New Jersey starting on February 22, 2021. With this, some people find it a gray area as to whether they are allowed to partake in recreational marijuana given their current employment. That is, they may fear the consequences of a random drug test conducted by their employer coming back with poor results. With that being said, please follow along to find out the rules regarding drug testing in the workplace and how a proficient employment agreement attorney in Gloucester County NJ, at The Vigilante Law Firm, P.C., can help you better understand your rights during this time.
What are the rules regarding drug testing in the New Jersey workplace?
Of note, New Jersey currently does not enforce any state laws restricting or regulating drug testing in the workplace. Nonetheless, New Jersey employers must understand federal drug testing laws to avoid wrongfully discriminating against their employees or otherwise invading their privacy. This is particularly relevant to the use of recreational marijuana.
For example, employers cannot and should not decide to not hire, fire, or discipline an employee based on their testing positive for recreational marijuana alone. On the other hand, though, employers are allowed to implement drug-free workplace policies within their employment agreements, even pertaining to recreational marijuana usage. Further, employers hold grounds to test employees for recreational marijuana if they have reason to believe they are partaking in it during working hours.
What happens if I fail a drug test initiated by my New Jersey employer?
Based on the terms and conditions within your employment agreement, your New Jersey employer may feel inclined to punish or terminate you after failing a drug test for recreational marijuana. Though you may be caught off guard by the random drug testing and the subsequent poor results, you must get your bearings straight.
Importantly, you must understand that recreational marijuana is different than other drugs in that it is detectable in bodily fluid for a longer period. Therefore, you may have tested positive but you may have partaken in recreational marijuana days before you were scheduled to work. For this reason, your employer is supposed to order you to have a blood, urine, or saliva test alongside a physical evaluation. This physical evaluation solidifies whether you are under the influence during working hours.
So, if your employer did not grant you a physical evaluation at the time of your random drug testing, you may have grounds for a wrongful termination or discrimination claim. But if you still find yourself at a crossroads, please seek the sound advisement of one of the talented New Jersey employment lawyers. Someone at The Vigilante Law Firm, P.C. will stand by your side at a moment’s notice.
