Drug testing

In South Carolina, employees become ineligible for unemployment benefits if fired for failing a drug test. A new state law (formerly A.B. 50) requires an employer to prove that it followed certain procedures before firing an employee for failing a drug test. If the company cannot offer such proof, the employee will not be disqualified from receiving unemployment benefits. If a drug test is positive, employers must prove that the sample was collected and labeled by an authorized party, such as a licensed healthcare provider. The test must be performed by a certified lab and the initial positive test must be confirmed by a nationally accepted method. The law also provides that employees may not receive benefits if they fail or refuse to provide a specimen or provide a specimen that has been tampered with.



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