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Question 6

2023 Bar · Labor Law · 1 sub-question

6. Roman, an employee of Baltazar Company (BC), was reported to have fallen asleep during work hours and that he smelled of marijuana. BC coordinated with Bibo Health Clinic, a facility accredited by the Department of Health, to conduct random drug testing on its employees. Roman tested positive during both the screening and confirmatory tests. BC asked Roman to explain why he should not be sanctioned and dismissed. Roman denied that he used drugs and claimed that a colleague who bore a grudge merely framed him. Unsatisfied with his explanation, BC sent Roman a notice of termination. Was the dismissal of Roman valid? Explain briefly.

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