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Technically yes but it would be really stupid to do so. The reason you get suspended for a positive screen is to give you time to dry out. After three months it's more of a retaliatory move, and those are illegal.

On the other hand, he's perfectly within his rights to fire you after 3 months for failing a drug screen, if "drug test failure" is a termination offense at your company.

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9y ago
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12y ago

I had a friend get fired while in the middle of working the week after he took the test, so I would think as soon as they get the results

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14y ago

There's no set period of time, and the employer doesn't even HAVE to terminate you if he doesn't want to.

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Q: How long does an employer have to terminate you after a positive drug test?
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