Ask HR: New hire’s drug test is positive – Now what?

askHRDear HR,

Our potential new hire has tested positive for THC – do I really have to wait an entire 180 days to hire my employee that has been tested?


HR Answer:

Although it is our policy to wait 180 days — since you have known the new hire for some time now and your workplace requires additional help immediately, we offer an exception clause that can be used sparingly. The new hire can sign a “Last Chance Agreement.”  If the new hire signs the “Last Chance Agreement” acknowledging the failed pre-employment drug test and gives us permission to re-test in the future (usually after 30 days or otherwise randomly), then we can move forward with hiring them.