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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11246
Experience:  Significant experience in all areas of employment law.
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can my employer Kaiser force me to submit to a drug test?

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can my employer Kaiser force me to submit to a drug test?
Hello and thank you for entrusting me to answer your question. I am sorry to hear that you are being forced to submit to a drug test.

Is this drug test part of an initial hiring screening? Do they have reasonable suspicion that you are using drugs? What is their justification for requiring you to submit to the test?

I very much look forward to helping you on this matter.
Customer: replied 3 years ago.


i have an ongoing neurological problem which makes my balance and speaking sometimes difficult. My employer sees this as intoxication. I have documented evidence of this ongoing situation. It is not a new hire.

Mike,

Thank you very much for your reply.

Generally speaking, California employers can only drug test employees upon hire as part of an initial screening process or upon reasonable suspicion of drug use.

Given that you have a documented neurological problem which explains your difficulty speaking and maintaining balance, these symptoms would likely NOT be construed by a court as creating a reasonable suspicion of drug use that can form the basis for a lawful drug test.

In the absence of proof of your medical condition, however, your employer would be acting reasonably and lawfully, since yor symptoms would appear to objectively (from the perspective of people who don't know your medical problem) give rise to a suspicion of drug use.

Thus, in order to successfully argue that a drug test is impermissible, you will need to present evidence to your employer in the form of a written doctor's note that you are suffering from this neurological problem and that it is the cause of your balance and speaking problems.

Assuming you can do this, your symptoms would not longer create a reasonable suspicion of drug use, since they are clearly explained, and your employer would have no basis to demand a drug test.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.
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