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Fellow Coloradans (or anyone else willing to chime in!),
As you know, this whole "legalized" marijuana issue has become a bit of a challenge when it comes to finding employees who can keep themselves clean. At my company, a big part of our employees' role is to travel to countries all over the world to do ground surveys. Before purchasing plane tickets, we require employees to undergo a drug test to ensure that we won't have any issues while employees travel.
Most employees are straightforward and will let me know beforehand that they won't pass the test; an honesty which I appreciate. A couple days ago however, an employee deliberately brought a clean urine sample to his test with the intent of cheating and deceiving the system. He is a valuable employee and I really like the guy, but at the end of the day, can I trust him? He humbly came to me and spoke with me face to face about what happened because he wanted to be open about it rather than me hearing about it from another source. I don't think he would have done so had he not been caught.
I could simply restrict him from traveling ever again, or I could just let him go based on the overall possibility of future dishonesty.
What would you do?
Last edited by garylancelot; 05-15-2019 at 09:43 AM..
Fellow Coloradans (or anyone else willing to chime in!),
As you know, this whole "legalized" marijuana issue has become a bit of a challenge when it comes to finding employees who can keep themselves clean. At my company, a big part of our employees' role is to travel to countries all over the world to do ground surveys. Before purchasing plane tickets, we require employees to undergo a drug test to ensure that we won't have any issues while employees travel.
<p>Most employees are straightforward and will let me know beforehand that they won't pass the test; an honesty which I appreciate. A couple days ago however, an employee deliberately brought a clean urine sample to his test with the intent of cheating and deceiving the system. He is a valuable employee and I really like the guy, but at the end of the day, can I trust him? He humbly came to me and spoke with me face to face about what happened because he wanted to be open about it rather than me hearing about it from another source. I don't think he would have done so had he not been caught.
I could simply restrict him from traveling ever again, or I could just let him go based on the overall possibility of future dishonesty.
What would you do?
If you consider him a valuable asset, then perhaps you can consider this a 'Strike 1'.
People are fallible, and sometimes they make mistakes or bad decisions. This has become quite a big dilemma in states were cannabis has been legalized, but where many companies still view it as a major liability. Ultimately, this did not cost your business this time, but I think it's fair that you keep a close on him going forward until he builds that trust back.
It's your call at the end of the day. You come across as sincere and compassionate, so I think that whatever conclusion you come to will be fair.
Fellow Coloradans (or anyone else willing to chime in!),
As you know, this whole "legalized" marijuana issue has become a bit of a challenge when it comes to finding employees who can keep themselves clean. At my company, a big part of our employees' role is to travel to countries all over the world to do ground surveys. Before purchasing plane tickets, we require employees to undergo a drug test to ensure that we won't have any issues while employees travel.
Most employees are straightforward and will let me know beforehand that they won't pass the test; an honesty which I appreciate. A couple days ago however, an employee deliberately brought a clean urine sample to his test with the intent of cheating and deceiving the system. He is a valuable employee and I really like the guy, but at the end of the day, can I trust him? He humbly came to me and spoke with me face to face about what happened because he wanted to be open about it rather than me hearing about it from another source. I don't think he would have done so had he not been caught.
I could simply restrict him from traveling ever again, or I could just let him go based on the overall possibility of future dishonesty.
What would you do?
When you step back and look at the big picture, this doesn't make any sense.
You test for PAST marijuana use because you want "to ensure that we won't have any issues while employees travel."
What? Do you test for alcohol or caffeine or nicotine use too before allowing them to travel?
That fact that marijuana testing is separate and treated differently is because of residual stigma. I'm afraid it will linger for quite some time.
But the marijuana testing you are doing is almost certainly testing for PAST use. Almost all THC tests test for this inactive metabolite that stays in your system for a while (up to 30 days in some cases). When you stop to think about it, it's ridiculous. So much so that legislation has been introduced help prevent companies from doing exactly what you are contemplating doing.
I have a feeling this otherwise honest, healthy, valuable employee "cheated" because he knew the lingering stigma could get him fired, or at least stared at differently every time he encountered you, if he came to you and explained the situation. In this way, even regular, healthy, productive citizens of a legal state still has to live their life in the closet.
I would not penalize this employee for doing what he had to do to maneuver through a minefield of overly-restrictive, overly-stigmatized regulations that have nothing to do with his role as a valuable employee.
If you have the power to determine how liberally or conservatively to apply these overly-restrictive, overly-stigmatized regulations, take responsibility and do the right thing. It will still be quite some time before your company changes the regulations, so don't penalize this person. To do so would just add to the already tragically high cost we've had to pay for the continuing War On Drugs.
Whatever you do, be consistent with all employees, and have a written policy that you can point to, and apply it consistently. Otherwise you open yourself up to lawsuits from disgruntled employees.
I don't envy any employer who feels he has to consider these things in hire/fire decisions, but do you do the same with alcohol use? Or other drug use, including Rx pill users? Where does it end?
When you step back and look at the big picture, this doesn't make any sense.
You test for PAST marijuana use because you want "to ensure that we won't have any issues while employees travel."
What? Do you test for alcohol or caffeine or nicotine use too before allowing them to travel?
That fact that marijuana testing is separate and treated differently is because of residual stigma. I'm afraid it will linger for quite some time.
Alcohol, caffeine and nicotine are not illegal in most countries (other than alcohol being illegal in some heavily Muslim countries).
It's a tricky issue and I don't have an answer- I support the decriminalization of marijuana but in many countries if you're caught with it you're in deep trouble and the US embassy isn't going to be able to do a thing. I can see why the OP would want to avoid that happening.
Alcohol, caffeine and nicotine are not illegal in most countries (other than alcohol being illegal in some heavily Muslim countries).
It's a tricky issue and I don't have an answer- I support the decriminalization of marijuana but in many countries if you're caught with it you're in deep trouble and the US embassy isn't going to be able to do a thing. I can see why the OP would want to avoid that happening.
Warning employees before their trip to not take any with them is just common sense.
Punishing them for something they took to help them sleep or for something they did at a friend's house a week and a half ago is draconian.
Alcohol, caffeine and nicotine are not illegal in most countries (other than alcohol being illegal in some heavily Muslim countries).
It's a tricky issue and I don't have an answer- I support the decriminalization of marijuana but in many countries if you're caught with it you're in deep trouble and the US embassy isn't going to be able to do a thing. I can see why the OP would want to avoid that happening.
I don't believe OP was referring to these employees taking it with them on these trips. I think he was referring to a standard policy where they test employees for marijuana in their systems due to past use.
But the marijuana testing you are doing is almost certainly testing for PAST use. Almost all THC tests test for this inactive metabolite that stays in your system for a while (up to 30 days in some cases). When you stop to think about it, it's ridiculous. So much so that legislation has been introduced help prevent companies from doing exactly what you are contemplating doing.
I have a feeling this otherwise honest, healthy, valuable employee "cheated" because he knew the lingering stigma could get him fired, or at least stared at differently every time he encountered you, if he came to you and explained the situation. In this way, even regular, healthy, productive citizens of a legal state still has to live their life in the closet.
Such legislation will send some employers running to other states, so be careful what you wish for.
Also, there are jobs where safety or lives are at stake. Would you like your newborn to be watched by an ICU nurse who tests positive? I certainly wouldn't.
Such legislation will send some employers running to other states, so be careful what you wish for.
Also, there are jobs where safety or lives are at stake. Would you like your newborn to be watched by an ICU nurse who tests positive? I certainly wouldn't.
If you understood exactly what "testing positive" meant, then you wouldn't care so much.
But widespread ignorance still reigns supreme when it comes to this plant and its effects on the humans that consume it.
Running to other states would be a complete waste of time and money, because legalization and sane marijuana laws are coming, no matter which state you choose to flee to.
Dishonest is dishonest and is often a pattern. Fire him.
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