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Current as of January 01, 2024 | Updated by Findlaw Staff
Upon receipt of a confirmed positive drug or alcohol test result which indicates a violation of the employer's written policy, or upon the refusal of an employee or prospective employee to provide a testing sample, an employer may use that test result or test refusal as a valid basis for disciplinary and/or rehabilitative actions, which may include, among other actions, the following:
(1) A requirement that the employee enroll in an employer-provided or approved rehabilitation, treatment and/or counseling program, which may include additional drug and/or alcohol testing, participation in which may be a condition of continued employment, and the costs of which may or may not be covered by the employer's health plan or policies;
(2) Suspension of the employee, with or without pay, for a designated period of time;
(3) Termination of employment;
(4) Refusal to hire a prospective employee; and/or
(5) Other adverse employment action in conformance with the employer's written policy and procedures, including any relevant collective bargaining agreement provisions.
Cite this article: FindLaw.com - West Virginia Code Chapter 21. Labor § 21-3E-9. Disciplinary procedures - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-21-labor/wv-code-sect-21-3e-9/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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