How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Delta-Lawyer Your Own Question
Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
12711280
Type Your Employment Law Question Here...
Delta-Lawyer is online now
A new question is answered every 9 seconds

Been employed + years to a sole/private employer in the

Customer Question

Been employed for 6+ years to a sole/private employer in the 32024 area. There was not any pre-employment drug testing. Current policy states you can be tested if suspicions/injury, etc. Current owner will be selling practice soon, but this has not been finalized yet. He announced yesterday he will be selling, for us to keep it quiet and everyone is going to be finger printed and drug tested in 2 days. We have not been given a policy regarding this. What questions do I need to ask on Thursday of the tester?
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
The selling of his company has not been finalized yet. He just told us we are getting tested with no explanation. If I have to be tested, is it better to refuse and risk not joining new company that the other outcome?
Customer: replied 1 year ago.
at least 15 employees.
Customer: replied 1 year ago.
Private doctor office
Expert:  Delta-Lawyer replied 1 year ago.
I hope this message finds you well. I am a licensed attorney with over a decade of employment law experience. It is a pleasure to assist you today.
As a matter of course, you do not necessarily have to have a drug testing policy in place as an employer to actually test your employees. The main issue here is that you cannot be discriminatory in how you test. The practice must be fair and impartial.
That said, and to the point of your question, you need to ask the test administrator to provide paperwork, if possible, as to their testing methods and what they do to insure that there are no false positives or mixed/tainted samples. Also, you need to ask them what, if any, appeal or re-test practices that they employ to insure accuracy and minimization of false positives. These are the two largest and most damaging issues for drug testing of employees.
So, the employer can take this action as long as it is not discriminatory (only testing men or only testing minorities). The issues above should be addressed with the administrator of the test.
Let me know if you have any other questions.
Best wishes going forward!

Related Employment Law Questions