Our scenario was a little different then, had an employee cause an incident that resulted in a few injuries on a customers site, minor injuries luckily but injuries none the less. Employee did a post incident drug test and failed (THC) Was apparently a mmj patient but did not disclose this to us and was medicating throughout the work day, again not disclosed to us, admitted to medicating just before going on customers site and told us there was nothing we could do about it because he was legal. Sent him home for a long weekend (Thursday afternoon, told him to come in for Monday) Before the end of the day Thursday he texts the other employees present at the time of the incident and tells them to keep their mouths shut or their families will not be able to have open caskets for their funerals! In writing! So I call him in on Friday morning and terminate him based on the texts and not the failed test. We are in the process of writing a policy in regards to this with the help of lawyers and insurance is the reason I asked if you informed your workplace, I will outline some of the things we have been told through our lawyers in another post below since this post is already long winded. It may not be applicable in your case but may help others who may be reading this thread now or in the future.