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Employee is fired after EAP counselor says he’s using drugs: Is that OK?

06/13/2011

Q. An employee failed a drug test and then agreed he'd be subject to termination if he tested positive within the next five years. His EAP counselor later sid the employee confessed to him over the phone that he was using again. He was fired. He filed an EEOC compliant. What's the potential liability? – Anonymous, Arizona

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