The Rhode Island Supreme Court has ruled that an employer may terminate an employee for refusing to submit to a drug test based on reasonable suspicion under the state drug testing law in Colpitts v. W.B. Mason Co., Inc., No. 2018-337-Appeal (R.I. May 29, 2020). Supply delivery driver Michael Colpitts did not disclose to his employer when he began using medical marijuana for pain and post-traumatic stress disorder and testified that he never used marijuana while working and never was impaired at work. When he injured his arm on the job, his employer noted possible impairment and advised him that he would need to undergo drug testing, which he refused. An alcohol test was negative. His employment was terminated because he violated company policy by refusing the drug test, to which he sued, claiming the employer ordered him to take a drug test without “reasonable grounds.”

 

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Post By Ken Shafton (2,372 Posts)