How are companies able to give their employees random drug tests?

Question

It should be illegal to give random drug tests. What people do in the privacy of their own home should not be tested. It is a voilation of the 4th amendmant and I can not stand companies that practice that. How do they get away with it?

Answer 1

They get away with it by YOU signing a form at the beginning of your employment that says your ok with it. It is a condition of employment by most companies.

I suggest if you don't like it study the employers requirements before hand and be sure to read the fine print. If it is a condition with the company your applying to then dump the application and find other work...

Answer 2

So, the person selling cocaine out of the privacy of their own home is well within the rights of the 4th ammendment? Or the neighbor downstairs that cooks meth everyday that seeps into your child's lungs is doing it legally because they are doing it in their own home? Think about what you are asking. You are saying that just because someone uses in their own home it should be ok, and not testable? What about the guy (or girl) that beats the living day lights out of their significant other? If its at home, it's ok right? Back to your question, they can test you. More often it states in the ad that it is a drug free employer. Some applications even have it on there. When you go through your orientation process, they give you the company policy regarding drug use. You accept the position, you accept the tests. You dont, start pounding the pavement, because the offer has been withdrawn.

Answer 3

It`s none of the employer`s business if you gorge yourself with drugs at home , or wherever after work , or on weekends . There`s nothing legal an employer can do about it .

It IS the employer`s business if you are in the LEAST bit under the influence of drugs , coming down from a trip , or have illegal drugs , or traces of them in your body when you`re at work !
There`s a LOT an employer can do legally if they can prove you had any drugs or traces in your system while on the job .

And who can blame them ? You are paid to do a specific job in a manner that a knowledgeable , SOBER person would do it . If you have traces of drugs in your system , you`re NOT sober .

Not only that , you are a distinct danger to other employees if your job involves working with machinery , power tools , fork lifts etc .

What happens if you injure , maim , or kill someone at work because you took drugs the night before ? The company is in deep doo-doo at that point both legally , and with their insurance provider .

Do you think they`re going to risk drug-related accidents and lawsuits ? Not a chance !

It`s in NO WAY a violation of the 4th amendment , because you`ll never have an employer walk into your home with a drug testing kit . It`s totally illegal .

It`s not at all illegal for them to test you if you`ve signed an employment waiver giving them permission . Even after signing the waiver , you have every right to refuse the test . Of course , you`ll be out on the street looking for work 5 minutes later .

If you think it`s bad now .......... it won`t be long before you won`t even get a job cleaning toilets without first signing a drug test waiver .

Answer 4

This is a potentially touchy situation. If you are terminated as a consequence of the findings of a drug test, and you can demonstrate that the drug that you are taking has been legally prescribed to treat a valid medical condition, you may have cause for recourse on the basis of discrimination - your medical condition could be legally considered a handicap. Normally, you don't need to disclose personal information that has no bearing on your job. In this case, however, there could be an argument in letting your management know of your medical condition and the treatment so that they won't be surprised by the findings of a drug test. The objective would be to avoid the unpleasantness of having the drug test report a positive finding and then having to defend yourself after the fact. However, your employer may have the right to terminate without cause. If your medical condition was pre-existing at the time of employment, and if you were subjected to a routine pre-employment medical examination, you could also be terminated if you failed to disclose the condition. Or you could lose your medical benefits on the basis that it was a pre-existing condition. You might be wise to consult a lawyer.

Answer 5

The 4th amendment places limits on the government. Private companies could not violate it if they wanted to. They NEVER force you to take a drug test. You ALWAYS have the option of not working for the company.

Answer 6

If what people do in the privacy of their own homes is illegal, then the drug tests are more than justified.

Answer 7

If they hired you stating that the environment were drug free, and that random drug testing would be used, then that is the way it is.

Often due to what type of business it is, heavy machinery, driving a vehicle, etc, that is what their insurance carriers instruct them to do.

If you don't do drugs it shouldn't matter, if you do, find another job! Pretty simple, my work is done here!

Answer 8

Some companies make you agree to random drug testing as a condition of employment. If you don't agree you don't get hired.

Answer 9

Because companies have their employees sign an agreement allowing them to give random drug tests. If someone refuses to sign the agreement, they are not hired to begin with.

It IS legal to require an agreement, which you have the free will to refuse to sign, before hireing an employee.

Answer 10

No, what the person does in the privacy of their own home is illegal if that person is doing drugs.

Companies don't want a bunch of drug-using junkies working at their business.

Drugs are illegal, therefore, if you use drugs, you are not trustworthy nor are you honest. They don't want you as an employee.

And, no amendment to the Constitution protects illegal activity.