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Question: If we have a drug-free workplace policy and implement random testing, can we fire an employee who tests positive even if the employee simply used marijuana outside the workplace and wasn’t impaired?
Answer: The short answer is yes.
Employers in Wisconsin specifically are allowed to conduct random drug testing of their employees. If an employer chooses to do so, the employee handbook should advise employees of the nature of the testing.
In Wisconsin and throughout the United States, most employees are “at-will.” At-will employees are not subject to an employment contract that dictates employment terms and conditions.