If you are chosen to take a random drug test at your job and it comes back positive for drugs, does your employer have to allow you the right to have an independent test done at your own cost before terminating you? The state in question is Oklahoma if that helps.
2006-10-19 01:54:24 · 9 answers · asked by Mommy of 2 Boys 4 in Politics & Government ➔ Law & Ethics
By the way....I am the employer, not the employee. I was approached by an employee regarding this situation
2006-10-19 02:16:48 · update #1
To answer you "wuttwutt".....why does anyone ask questions here? I am the owner of a small business (22 emplyoees) I contacted a lawyer who said I did have to allow the employee to pay for an independent test but I got a conflicting answer from the Oklahoma Dept. of Labor. I asked the question here to get more opinions on the matter. In the future should I contact you before asking a question here to get your approval?
2006-10-19 02:50:29 · update #2
Drug tests can be influenced or contaminated by other medicine that you take in, other than prohibited drugs. Sometimes the screening test can be falsely positive. This means the test was positive but it is due to an "interfering substance" and not because of the presence of the prohibited drug. You have the right to a more specific confirmatory test. Tell your employer about this. If he will not allow you an independent test then let the confirmatory test be done in the company's lab, it will not matter. At least, there will be no question or doubt about the succeeding result.
2006-10-19 02:09:45 · answer #1 · answered by ? 7 · 0⤊ 1⤋
No, they don't.
If you are informed of the company policy, that is all the company needs to fire you.
On the other hand, if you are seeking treatment for drug addiction, like through a doctor, then you would be protected by the Americans with Disabilities Act. But you have to be in treatment BEFORE the positive test.
2006-10-19 01:57:48 · answer #2 · answered by Gem 7 · 0⤊ 0⤋
This is a valid question, and I will give you my opinion: No. The employer can fire the employee PROVIDED the employee was aware of the procedures and repercussions.
Now, having said that, WHY are you asking that here? Why not ask a lawyer?
2006-10-19 02:41:18 · answer #3 · answered by My world 6 · 0⤊ 1⤋
Usually before or during the hiring process you more than likely signed some forms and one of them probably had to do with drug testing. When you signed this it means you agreed to their terms of testing and procedures. If you think you have been wronged and know you are clean of drugs I suggest you hire an attorney.
2006-10-19 01:59:35 · answer #4 · answered by ;-) 1 · 1⤊ 0⤋
No..but..if you have a human resource department or union, then I believe they have to give you the oppurtunity to get treatment. If you admit you have a problem, then the union will fight for you and they can not terminate you. They also have to pay for the treatment.
I live in Indiana, and my husband works for a Nationwide Phone company, with a union, this is typical practice.
2006-10-19 02:05:22 · answer #5 · answered by lisa46151 5 · 0⤊ 0⤋
Once the drug screen comes back positive, you are no longer employed. If your urine is dirty, why take the test, you should refuse it, and it wont hurt you so much in the long run.
2006-10-19 02:04:33 · answer #6 · answered by bigdadddypat 1 · 0⤊ 0⤋
If this isnt defined interior the practise manual, then they are going to might desire to tell you in writing. you will no longer get very lots warning, according to hazard an afternoon or 2. i will anticipate the excuses for which you're asking the quesiton, so which you are able to provide up taking despite the fact that substance now in case you prefer to maintain your activity.
2016-11-23 19:13:14 · answer #7 · answered by criselda 3 · 0⤊ 0⤋
NO.Might as well pack your bags
2006-10-19 01:56:35 · answer #8 · answered by Anonymous · 1⤊ 0⤋
automatically terminated. sorry. had it happen to me. but i live in florida. so.....good luck.
2006-10-19 02:07:25 · answer #9 · answered by astroheather84 3 · 0⤊ 0⤋