Can My Employer Legally Ask Me To Take A Drug Test?

Just like pre-employment drug testing, an employer can legally ask one to take a drug test if they have a reasonable suspicion that an employee might have taken drugs that could affect their work performance and endanger others.

A reasonable suspicion is a real observation based on logic and facts that lead the employer to believe that one might take drugs and therefore be unfit to do the job properly. The observation can come from different sources, such as physical symptoms of drug use (uncoordinated movement and speech), abnormal behavior, someone reports they observed drug use or abuse, unproductive work results, evidence that one uses, sell or transfer drugs at work.

Now you might wonder if you could refuse the drug test. The answer is you can indeed refuse to take it, especially when you are ready to be fired or to lose unemployment’s benefits (depending on what state you are in). So when you have no better option, you should take the drug test. In the end, it’s up to your employer if they want to let you go or admit you to an Employee Assistance Program (EAP).

In the case that the drug test result comes up positive because of taking doctor’s prescribed drugs, one could be protected by the Americans Disability Act (ADA), where your employer cannot discriminate against you based on a disability.

For further information on drug test services, call us at 800.215.9948.

Thank You for getting in touch with us!

We'll contact you shortly!