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A friend of mine came to me with this issue (not sure why, but when you are in HR people seem to think you know everything "legal" because you deal with employment laws) and I have no idea. I have never faced this issue, have never done it myself, and I think I have taken an allergy pill from my mother, but that is all. And I am rethinking that, honestly, after the research I have done for her, the friend not my mom, LOL...on this issue.
I am going to be as specific as possible, but I don't to be too specific just in case, as the internet is not 100% anonymous, and also there are details I may not be clear about. If someone tries to answer and needs further information, I may be able to answer or reach out to her for clarification.
My friend works in a work environment that is not industrial. One of her coworkers was dealing with a severe back pain issue. My friend had prescription pain medication. She gave her coworker one pill. Total.
The drug was legally prescribed to my friend, is not on the federal list of controlled substances, nor was it on the list of controlled substances in California. (That took me a LONG time to find). She has this particular prescription specifically because as it is not controlled she is able to take it at work if the pain gets really bad during the day.
Also, I did some research and looked at the pill bottle. My friend has a few prescriptions due to a chronic pain condition she has, some of them have the Federal "do not give this to others" warning on them. The prescription bottle for the pill she gave to the coworker does not.
She is not all that worried about work as they have a policy against being under the influence of illegal controlled substances, so as it is not a controlled substance, even though it is a prescription drug, it seems that is not an issue. ANd, without any suspicion or a drug test on either of them, there is no way to terminate for drug use or even suspicion as it is after the fact. Or is it and I am missing something?
The coworker ended up going to the doctor and disclosed that she took the drug. She did not give the name of the coworker. I am also fairly sure the doctor is not going to say anything. But I am also not sure. According to my friend, the coworker has issues with iron and needs to cut down on caffeine and sodium. Neither of these issues can be attributed to the pill that she gave her, so there were no medical issues caused by the pill. What is the likelihood that the doctor will say something? I am guessing low as this never seems to end up on the news (sharing of just one pill) and it would also get his patient in trouble.
I am not looking for people to lecture her...or me through her. I already did that. I made her cry and she hung up on me when I told her what she had done was really wrong. I yelled at her, possibly more than I should have.
My questions are....
1. Does it matter that it is not a controlled substance, either federally or in CA?
2. Do employers really care about a one time thing like this?
3. Is she in danger of being arrested? Is the doctor likely to say anything?
Other than yelling at her which I have done, I was not really able to answer any of these questions. I am hoping someone on here has had experience with this, is a doctor or police officer, something that will allow them to have an idea of what the realities of the situation are.
Thanks to anyone who is able to help with any of this.
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