Question about failing a drug test & talking to your boss...?

You are the reason they should never keep any druggies at all.

Yes, you can plead discrimination if they kept one druggie and not the other.

It is sort of besides the point of testing if the test results do not matter.

Here's the deal. The person that said you could file for discrimination if they fire you but kept the other guy is dead wrong. They can choose to keep someone based on seniority, performance history with the company, etc. as long as the reasons are not discriminatory (i.e. racially motivated).

My advice to you is to go forward and talk to your boss. Give her the heads up about the test and explain your situation. She doesn't have to keep you as an employee, but at least you're giving her the chance to think about it before it hits her.

I have had situations where an employee has come to me before the results to tell me they knew they would come up positive. We still had to wait for the results to come through (you never know what will happen) but at least I had time to look through the employee's history with us ahead of time. In our policy, we strictly reserve the right to decide whether to terminate or not based upon length of service, performance history, etc. If we do keep someone on, however, they are subject to return to duty testing (meaning they must pass a test before returning to work for us) and random follow up testing for a period of up to three years. In the cases where we've allowed people to stay, we've never once had someone test positive for a random test (I guess they learned their lesson).

This also depends on the nature of your position. If you are in a critical, safety-sensitive position, they may have no choice but to terminate you.

Give her the heads up and see what happens. That's really all you can do at this point. Good luck to you and I hope you have now learned that recreational "fun" is not worth your livelihood!

dont do anything if something comes up just say your sorry and you will not come high to work.