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.


This drug test form must be completed before check out. The info is required in order to create your donor pass. A donor pass must be presented at the collection site with a valid photo ID. Once the form is complete, you will be able to proceed and check out. Your donor pass will be emailed to you, in most cases same day, or within 24 hours. ALL DONOR PASSES ARE VALID FOR (7) DAYS. Collection site is selected based on the zip code you provided.

Once the order is submitted there are NO REFUNDS. You can only request an extension or drug test credit in case of cancelation.

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