Mississippi employers, be careful when crafting your policies

Q           What are the guidelines for when employees, current or former, request a copy of their personnel file, and what files are required to be provided upon request?

In Mississippi, there’s no law requiring private employers to provide employees, current or former, with copies of their personnel file, and many employers treat personnel files as company property.

Q           If we have a drug-free workplace policy and implement random testing, can we fire an employee who tests positive even if the employee simply used marijuana outside the workplace and wasn’t impaired?

Generally speaking, yes, employers in Mississippi may fire an employee who tests positive for illegal drugs, but in certain cases, it may depend. For instance, if your employees are represented by a union and, as part of the collective bargaining agreement, the negotiated drug policy only speaks to prohibiting impairment at work, then the situation you describe may not violate the policy, and you wouldn’t be free to discharge within the terms of the agreement.