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and is there laws in which an employer is wrong and drug test proves it then does the emplyee have any recourse?

2007-02-28 19:38:04 · 2 answers · asked by Tessa A 1 in Business & Finance Careers & Employment

2 answers

There is a bit of controversy about this and the Fourth Amendment to th Constitution of The United Sates, so I'll limit it to what is currently legal.

If you signed a waver, which you probably did, your employer can demand a test at any time.
If you test as a false positive (better be a false), you can threaten with legal action including back pay. Most employers will use a testing center and thus separate themselves from the process by one step.

If you test positive and do threaten with a lawsuit they can subpoena for a sample of your hair, which can track use of most substances as far back as 90 days in the 3-5cm from the scalp they tend to use. If the lab uses a longer sample they can go further back.

2007-02-28 19:49:29 · answer #1 · answered by Anonymous · 2 0

It depends on where you live and work as the laws vary by state and municipalities; some people have sued on grounds that it violates the 4th and 14th amendments and won, while other in the same situation have lost.

Bottom line is you have the right to sue, but that does not mean you will win or even have a chance at winning, depending on where you live and work.

2007-02-28 21:54:29 · answer #2 · answered by bottleblondemama 7 · 0 0

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