Dealing with an employee who has failed a drug test is never pleasant, but it’s a situation that many managers and HR professionals face at some point.
Terminating an employee due to a positive drug test requires clear communication and documentation to ensure the process is handled fairly and legally.
In this article, we provide 15 sample termination letters that you can use as a starting point when drafting your letters for employees who have tested positive for drugs.
These templates cover a range of scenarios and can be adapted to fit your specific situation.
Sample Termination Letters for Positive Drug Tests
Letter 1: Standard Termination for Positive Drug Test
Subject: Termination of Employment – Positive Drug Test Result
Dear [Employee Name],
This letter is to inform you that your employment with [Company Name] is being terminated effective immediately due to a positive drug test result. As per our company’s drug-free workplace policy, which you acknowledged upon hire, testing positive for illegal substances is grounds for immediate termination.
Your final paycheck, including any accrued vacation time, will be mailed to the address on file within [number] business days. You will also receive information about your COBRA rights to continue your health insurance coverage.
Please return all company property, including keys, ID badges, and equipment, to the HR department by [date]. If you have any questions or concerns, please contact HR at [contact information].
Sincerely,
[Your Name]
[Your Title]
Letter 2: Termination for Positive Drug Test with Option for Rehab
Subject: Termination of Employment – Positive Drug Test Result
Dear [Employee Name],
I regret to inform you that your employment with [Company Name] is being terminated effective [date] due to a positive drug test result. As discussed in our meeting on [date], our company has a strict drug-free workplace policy, and testing positive for illegal substances is a violation of this policy.
However, we value you as an employee and want to offer you the opportunity to seek treatment. If you choose to enter a certified rehabilitation program and complete it, we would be open to discussing the possibility of reinstatement.
Please let us know within [number] days if you plan to pursue this option. If we do not hear from you or if you choose not to enter treatment, your termination will be processed as planned.
Your final paycheck and benefits information will be mailed to you. Please return all company property by [date].
Sincerely,
[Your Name]
[Your Title]
Letter 3: Termination for Positive Marijuana Test in State with Legal Recreational Use
Subject: Termination of Employment – Positive Drug Test Result
Dear [Employee Name],
I am writing to inform you that your employment with [Company Name] is being terminated as of today’s date due to a positive drug test for marijuana. While we understand that recreational marijuana use is legal in [State], our company policy prohibits employees from having any detectable level of drugs in their system while at work, regardless of state law.
You signed an acknowledgment of this policy on [date] when you were hired. We have enclosed a copy for your records.
Your final paycheck will be mailed to the address on file within [number] business days. You will also receive information about your right to continue your health insurance coverage under COBRA.
Please contact HR at [phone/email] to coordinate the return of your company badge, laptop, and any other company property in your possession.
If you have any questions, please let us know. We wish you the best in your future endeavors.
Regards,
[Your Name]
[Your Title]
Letter 4: Termination for Failed Pre-Employment Drug Test
Subject: Withdrawal of Job Offer – Pre-Employment Drug Screening
Dear [Candidate Name],
Thank you for your interest in the [job title] position with [Company Name]. Unfortunately, I regret to inform you that we are withdrawing the conditional job offer extended to you on [date].
The offer was contingent upon the successful completion of a pre-employment drug screening. Your drug test results came back positive for [substance], which is prohibited under our company’s drug-free workplace policy.
Please know that all candidates for employment at our company undergo the same screening process, and we apply our drug policy consistently for all potential new hires.
If you have any questions or believe there has been an error, please contact our HR department at [contact info] within the next [number] business days. Otherwise, we will assume you do not wish to contest the results.
Thank you again for considering employment with our company. We wish you success in your job search and future professional endeavors.
Sincerely,
[Your Name]
[Your Title]
Letter 5: Termination for Positive Drug Test – DOT-Regulated Position
Subject: Termination of Employment – Positive DOT Drug Test
Dear [Employee Name],
This letter serves as notice of the termination of your employment as a [job title] with [Company Name], effective immediately. The reason for your termination is a positive drug test result for [substance], as confirmed by the Medical Review Officer on [date].
As a safety-sensitive transportation employee subject to the drug and alcohol regulations of the U.S. Department of Transportation (DOT), you are held to a higher standard. Performing your job duties with prohibited substances in your system is a direct violation of DOT regulations 49 CFR Part 40 as well as our company’s drug-free workplace policy.
Before you will be considered for any future DOT-regulated positions, you must complete the return-to-duty process with a DOT-qualified substance abuse professional (SAP). This includes an evaluation, recommended treatment, a follow-up evaluation, and an observed negative return-to-duty drug test.
Please contact [DER name], our company’s Designated Employer Representative, at [contact info] for a list of qualified SAPs in the area. You are responsible for any costs associated with the SAP evaluations and treatment.
We regret that your employment has ended under these circumstances. Please return any company property, such as keys, ID badges, uniforms, or equipment, to [contact name] by [date].
Sincerely,
[Your Name]
[Your Title]
Letter 6: Termination for Positive Drug Test – Safety-Sensitive Position
Subject: Termination of Employment – Positive Drug Test Result
Dear [Employee Name],
I regret to inform you that your employment with [Company Name] is being terminated effective immediately due to a positive drug test result. As an employee in a safety-sensitive position, you are subject to random drug testing under our company’s drug-free workplace policy.
On [date], you were selected for a random drug test, and the results received on [date] indicated a positive result for [substance]. The use of illegal drugs is strictly prohibited for employees in safety-sensitive roles due to the potential impact on workplace safety.
Your final paycheck, including any accrued but unused vacation time, will be mailed to your address on file within [number] business days. Information regarding your COBRA rights to continue health insurance coverage will be sent separately.
Please return all company property in your possession, such as keys, access cards, equipment, or uniforms, to [contact person] no later than [date].
If you have any questions, please contact [HR contact name] in the Human Resources department at [phone/email].
Sincerely,
[Your Name]
[Your Title]
Letter 7: Termination for Positive Drug Test – Company with Zero Tolerance Policy
Subject: Termination of Employment – Violation of Drug-Free Workplace Policy
Dear [Employee Name],
This letter confirms that your employment with [Company Name] has been terminated as of today’s date, [date], due to a violation of our drug-free workplace policy.
As discussed in our meeting earlier today, your recent drug test came back positive for [substance]. [Company Name] maintains a strict zero-tolerance policy for drugs and alcohol in the workplace, which is outlined in the employee handbook and the drug-free workplace agreement you signed upon hire.
Due to the severity of this violation and our zero-tolerance stance, we have no choice but to terminate your employment effective immediately. This decision is final and not subject to appeal.
Your final paycheck, including any accrued vacation time, will be mailed to you at the address on file within [number] business days. COBRA information regarding your right to continue health insurance coverage will be sent to you separately.
Please return all company-owned property, including your building access card, office keys, laptop, and any other equipment provided to you during your employment, to [contact person] no later than [date].
We regret that your employment has ended under these circumstances. If you have any questions, please contact [HR contact name] in the HR department at [phone/email].
Sincerely,
[Your Name]
[Your Title]
Letter 8: Termination for Positive Drug Test – Multiple Occurrences
Subject: Termination of Employment – Repeated Positive Drug Tests
Dear [Employee Name],
I am writing to formally notify you of the termination of your employment with [Company Name], effective [date], due to repeated positive drug test results in violation of our drug-free workplace policy.
Our records indicate that you tested positive for [substance] on [date] and were given a final warning and the opportunity to seek treatment. However, your most recent drug test on [date] also came back positive for [substance], marking multiple violations of our policy.
As stated in the employee handbook and the agreement you signed upon hire, multiple positive drug tests are grounds for immediate termination. We have no choice but to enforce this policy consistently for all employees.
Your final paycheck, including any unpaid wages and accrued vacation time, will be mailed to your address on file within [number] business days. You will also receive information about your rights under COBRA to continue your health insurance coverage.
Please return all company-issued property, such as your ID badge, office keys, laptop, and any other equipment provided to you, to [contact person] no later than [date].
We encourage you to seek the help and support you need. If you have any questions or need assistance with your transition, please contact [HR contact name] in the Human Resources department at [phone/email].
Sincerely,
[Your Name]
[Your Title]
Letter 9: Termination for Refusal to Submit to Drug Test
Subject: Termination of Employment – Refusal to Submit to Drug Test
Dear [Employee Name],
This letter serves as official notice that your employment with [Company Name] is being terminated effective immediately due to your refusal to submit to a required drug test.
On [date], you were notified of your selection for a [random/reasonable suspicion/post-accident] drug test as required by our company’s drug-free workplace policy. However, you refused to provide a sample for testing, which is considered a violation of our policy and is treated as a positive test result.
As outlined in the policy, which you acknowledged receipt of upon hire, refusal to submit to a required drug test is grounds for immediate termination of employment.
Your final paycheck, including any earned but unpaid wages and accrued vacation time, will be mailed to you at the address on file within [number] business days. You will also receive information regarding your rights under COBRA to continue your health insurance coverage.
Please return all company property in your possession, including your employee ID badge, office keys, laptop, and any other company-issued equipment, to [contact person] no later than [date].
If you have any questions or concerns, please contact [HR contact name] in the Human Resources department at [phone/email].
Sincerely,
[Your Name]
[Your Title]
Letter 10: Termination for Positive Drug Test – Violation of Last Chance Agreement
Subject: Termination of Employment – Violation of Last Chance Agreement
Dear [Employee Name],
I regret to inform you that your employment with [Company Name] is being terminated effective [date] due to a violation of the Last Chance Agreement you signed on [date].
As part of the agreement, you committed to maintaining a drug-free presence at work and agreed to submit to periodic drug testing. However, your drug test on [date] came back positive for [substance], which is a direct violation of the terms of the agreement.
Per the Last Chance Agreement, a positive drug test result is grounds for immediate termination of your employment. We have no choice but to enforce the terms of the agreement.
Your final paycheck, including any earned but unpaid wages and accrued vacation time, will be mailed to your address on file within [number] business days. COBRA information regarding your right to continue your health insurance coverage will be sent separately.
You are required to return all company property, such as your employee badge, office keys, laptop, and any other company-issued equipment, to [contact person] no later than [date].
We encourage you to seek assistance in dealing with substance abuse issues. If you have any questions or need help with your transition, please contact [HR contact name] in the Human Resources department at [phone/email].
Sincerely,
[Your Name]
[Your Title]
Letter 11: Termination for Positive Drug Test – Violation of Return-to-Work Agreement
Subject: Termination of Employment – Violation of Return-to-Work Agreement
Dear [Employee Name],
This letter confirms the termination of your employment with [Company Name], effective [date], due to a violation of the Return-to-Work Agreement you signed on [date].
As part of your return to work following a previous positive drug test, you agreed to comply with all terms outlined in the Return-to-Work Agreement, including submitting to follow-up drug testing. Unfortunately, your follow-up drug test on [date] came back positive for [substance].
The Return-to-Work Agreement clearly states that a positive drug test result during the agreement period will result in immediate termination of employment. Regrettably, we must uphold the terms of this agreement.
Your final paycheck, including any earned but unpaid wages and accrued vacation time, will be mailed to the address we have on file within [number] business days. You will also receive information about your COBRA rights to continue your health insurance coverage.
Please return all company-owned property in your possession, such as your employee ID badge, office keys, computer, and any other company-issued equipment, to [contact person] by [date].
We encourage you to continue seeking support for substance abuse issues. If you have any questions or need assistance with your transition, please contact [HR contact name] in the Human Resources department at [phone/email].
Sincerely,
[Your Name]
[Your Title]
Letter 12: Termination for Positive Drug Test – Failure to Complete Treatment Program
Subject: Termination of Employment – Failure to Complete Treatment Program
Dear [Employee Name],
I am writing to formally notify you of the termination of your employment with [Company Name], effective [date], due to your failure to complete the required substance abuse treatment program.
On [date], following a positive drug test result, you were offered the opportunity to enter a company-approved substance abuse treatment program as a condition of continued employment. You agreed to these terms and signed an agreement on [date].
However, we have received notification from the treatment provider that you failed to complete the program. Under the terms of the agreement, failure to complete the treatment program results in the termination of your employment.
Your final paycheck, which includes any earned but unpaid wages and accrued vacation time, will be mailed to your address on file within [number] business days. COBRA information regarding your right to continue health insurance coverage will be sent separately.
You must return all company property, including your employee badge, office keys, laptop, and any other company-issued equipment, to [contact person] no later than [date].
We strongly advise you to continue seeking help for substance abuse issues. If you have any questions or need assistance with your transition, please contact [HR contact name] in the Human Resources department at [phone/email].
Sincerely,
[Your Name]
[Your Title]
Letter 13: Termination for Positive Drug Test – Failure to Comply with Treatment Recommendations
Subject: Termination of Employment – Failure to Comply with Treatment Recommendations
Dear [Employee Name],
This letter serves as notice of the termination of your employment with [Company Name], effective [date], due to your failure to comply with the recommendations of a Substance Abuse Professional (SAP) following a positive drug test.
By our drug-free workplace policy, after your positive drug test on [date], you were referred to an SAP for evaluation. The SAP provided you with a treatment plan and recommendations, which you agreed to follow as a condition of continued employment.
However, we have received information indicating that you have failed to comply with the SAP’s recommendations, which is a violation of our drug-free workplace policy and the agreement you signed on [date].
Consequently, we have made the decision to terminate your employment effective immediately. Your final paycheck, including any earned but unpaid wages and accrued vacation time, will be mailed to the address we have on file within [number] business days. Information regarding your COBRA rights to continue your health insurance coverage will be sent separately.
Please return all company property in your possession, such as your employee ID badge, office keys, computer, and any other company-issued equipment, to [contact person] by [date].
We urge you to continue seeking assistance for substance abuse issues and to comply with the SAP’s recommendations. If you have any questions, please contact [HR contact name] in the Human Resources department at [phone/email].
Sincerely,
[Your Name]
[Your Title]
Letter 14: Termination for Positive Drug Test – Failure to Pay for Follow-Up Testing
Subject: Termination of Employment – Failure to Pay for Follow-up Testing
Dear [Employee Name],
I regret to inform you that your employment with [Company Name] is being terminated effective [date] due to your failure to pay for follow-up drug testing as required by our drug-free workplace policy.
On [date], you signed a Return-to-Work Agreement after a positive drug test result. As part of this agreement, you committed to undergoing follow-up drug testing at your own expense. Our records show that you have failed to pay for the follow-up test scheduled on [date], despite multiple reminders.
Under the terms of the Return-to-Work Agreement, failure to pay for required follow-up testing is considered a violation of the agreement and grounds for immediate termination of employment.
Your final paycheck, including any earned but unpaid wages and accrued vacation time, will be mailed to your address on file within [number] business days. You will also receive information about your COBRA rights to continue your health insurance coverage.
Please return all company property, such as your employee badge, office keys, laptop, and any other company-issued equipment, to [contact person] no later than [date].
If you have any questions or concerns, please contact [HR contact name] in the Human Resources department at [phone/email].
Sincerely,
[Your Name]
[Your Title]
Letter 15: Termination for Positive Drug Test – Failure to Attend Return-to-Duty Meeting
Subject: Termination of Employment – Failure to Attend Return-to-Duty Meeting
Dear [Employee Name],
This letter confirms the termination of your employment with [Company Name], effective [date], due to your failure to attend a mandatory return-to-duty meeting following a positive drug test.
As discussed in our previous correspondence, after your positive drug test on [date], you were required to meet with our company’s Designated Employer Representative (DER) to discuss the return-to-duty process and your continued employment. This meeting was scheduled for [date and time], but you failed to attend and did not provide any notification or explanation for your absence.
Your failure to attend this mandatory meeting is a violation of our drug-free workplace policy and demonstrates a lack of commitment to the return-to-duty process. As a result, we have made the decision to terminate your employment effective immediately.
Your final paycheck, which includes any earned but unpaid wages and accrued vacation time, will be mailed to the address we have on file within [number] business days. COBRA information regarding your right to continue health insurance coverage will be sent separately.
You are required to return all company-owned property in your possession, including your employee ID badge, office keys, computer, and any other company-issued equipment, to [contact person] by [date].
If you have any questions, please contact [HR contact name] in the Human Resources department at [phone/email].
Sincerely,
[Your Name]
[Your Title]
Wrapping Up Termination Letters for Failed Drug Tests
Terminating an employee due to a failed drug test is a sensitive matter that requires careful handling.
The key is to have a clear drug-free workplace policy and to apply it consistently.
Your termination letter should refer to the policy, provide the employee’s positive test result, and clearly state the consequences per the policy.
It’s also good practice to remind the employee of any contractual obligations, like the return of company property, as well as their rights, such as the option to continue health insurance coverage under COBRA.
By using these sample letters as a guide and working with your HR and legal teams, you can navigate this difficult situation professionally and minimize legal risks to your organization.