Can an employee be fired for refusing to take an alcohol test at work?

An employer may set reasonable standards for employment relating to drug and alcohol abuse. A well thought out drug and alcohol policy will include the circustances requiring alcohol testing, prohibitions for alcohol use and intoxication levels, and consequences of refusing to take an alcohol test.  A company’s policy may reasonably include a consequence of terminating an employee for refusing to take an alcohol test.  Company policies should be communicated to all employees so that employees have clear standards regarding the use of drugs and alcohol.

However, terminating an employee who refuses to submit to a drug or alcohol test without previously informing the employee of the company’s substance abuse policy, including the consequences of refusing a to take a test, puts a company in a position that will be difficult to defend.