Can My Employer Legally Drug Test Me?

Employment Law Attorney in California

Employers find themselves taking certain precautions to ensure those that may work for them or already do steer clear from drugs. Drugs are a serious matter and whether or you working for the direct owner of a company, or under an administrator, should you be suspected of the consumption of drugs, you are at risk of being drug tested. On another note, if your employer is merely trying to get rid of you for personal reasons, you may have a viable case where it would be a wise decision to hire an employment law attorney.

The consumption of drugs, especially at the workplace, puts everyone at risk, even the employee taking them. Depending on the drug and the dosage, someone could really endanger others with their impaired judgment, the side effects that the drug itself gives off, and the lack of positive choices. An employer could find themselves with a major lawsuit on their hands if they fail to take proper precaution in investigating workers whom they are suspicious of taking illegal drugs. On another note, according to thesite.org, your employer does not necessarily have the right to test you merely because they want to. They could be violating an employee’s “privacy under the Human Rights Act” and would suffice as a legitimate case to get an employment law legal representative in New York involved.

Thesite.org also states in some instances certain jobs require drug tests that are mandatory. In other positions, you may want to double check the clause written in your signed contract or employee handbook on drug testing. Should it mention a “spot test,” then you must willingly allow your administrator to do so, otherwise you are at risk of being let go.

In an instance where you test positive as a result of drug test does not necessarily serve as grounds of being dismissed, however, it is an option that can be done on behalf of your administrator. Being wrongfully accused of consuming drugs is also a serious matter which all employment lawyers are well aware of. Drug testing, and whether or not it is required as stated in your employee contract is an argument that may require the assistance of a legal representative with experience in employment law. Employers are not always consistent with their policies, and employees are not always treated fairly when it comes to their rights.

Often times, employers give drug tests to protect their company and others around, however, some supervisors may drug test an employee they no longer want working in their establishment. If you experienced a situation where your employer wrongfully accused you of taking drugs, wait no longer to fight back for the earnings you would have received had you not been fired, as well as much more for the immoral treatment you suffered from. Contact an employment law attorney in New York to get you started down the road of justice.

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By | Monday, January 18th, 2016 | Comments Off on Can My Employer Legally Drug Test Me?

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