Tag Archive for: DATWA

Can My Employer Fire Me if I Fail a Drug Test?

Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA) governs drug testing for employees. Employers may not require drug or alcohol testing unless such testing is completed under a written drug and alcohol testing policy that contains certain information required by law.[1] The testing must also be completed only by a qualified laboratory.[2]

If your employer requires you to take an initial drug test and you test positive, DATWA prohibits your employer from firing you without first providing you with the opportunity to participate in counseling or rehabilitation.[3] Your employer is also required to provide you with written documentation of your test results.[4]

If your employer has not followed these legal requirements, or you have questions about drug testing at work, contact us. Our experienced employment law attorneys would be happy to discuss your case and help you understand your legal rights and options.


[1] Minn. Stat. § 181.951, subd. 1.

[2] Minn. Stat. § 181.953, subd. 1.

[3] Minn. Stat. § 181.953, subd. 10(b)(1); Hanson v. City of Hawley, No. A05-1940, WL 1148125, at *1 (Minn. Ct. App. May 2, 2006).

[4] Minn. Stat. § 181.953, subd. 7.