I got word for another associate that they are going to be drug testing everyone really soon. They are going to have someone come in and start taking people while they are on the clock getting paid, to get a drug test. I was wondering, is this Legal. I thought the only thing they could do, was give you a paper that says you have to take a drug test within 24 hours. I smoke 8 joints two weeks ago all in one day, so I know I won't pass. I rather get the notice, so that way I can take my special detox drink to flush it out of my system, this is what help me get my second job, but I want to keep both jobs.
Could I say something like, I would like to submit, but I can't pee right now, I just can't.
2007-09-14 05:18:11 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Yes you can say you won't submit or you can't pee right now, but you will more than likely get fired for it...If you know you won't pass, don't take it.
2007-09-14 05:27:14 · answer #1 · answered by Anonymous · 0⤊ 0⤋
At the risk of stating the obvious, you're screwed. Depending on the nature of your job and company policy it is legal. If you make excuses your only going to make yourself appear suspicious and you could get terminated for refusal to submit. Not too mention, the people administering the test have heard every excuse in the book. If you don't want the job just quit, or be honest and take e your chances, or you could just stop smoking pot.
2007-09-14 05:32:22 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes it is legal. But if you say you can't pee right now, they will hold you there until you can. And if you know you won't pass the test, refusing to take the test won't do you any good, it will be grounds for termination.
2007-09-14 05:30:19 · answer #3 · answered by irish_indian_fantasy 3 · 0⤊ 0⤋
Unfortunately it is not illegal. In fact I just had a client that had to take a drug test on her day off. We call EEOC AND the labor board and was told that is it legal for them to do that. The best thing to do is to contact your local labor board AND get a copy of your company's drug policy.
2007-09-14 05:24:58 · answer #4 · answered by Faye Prudence 3 · 0⤊ 0⤋
You cannot get out of it by saying you are unable to urinate. They can make you sit until you can. Most employers have the testing company come into the workplace if they are giving large numbers of employees the tests. I have also seen tests that only require swabbing your mouth.
2007-09-14 05:33:45 · answer #5 · answered by sensible_man 7 · 0⤊ 0⤋
You can say that, but they will probably fire you anyway.
In the US, employers can ask you to drug test. They do not have to give you notice, unless you have an employment contract with them, or union protection.
"At will" employees can be fired for no reason at all, so suspicion of drug use is an easy out for them.
2007-09-14 05:28:24 · answer #6 · answered by raichasays 7 · 0⤊ 0⤋
Yes, it is legal. Most places do drug test during working hours so you can not do that. Most places also automatically fire you if you do not take the test. Also, most states will not give you unemployment if you are fired for drugs.
2007-09-14 05:25:04 · answer #7 · answered by Chris 5 · 0⤊ 0⤋