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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
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Experience:  20+ Years of Employment Law Experience
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Can an employer ask an employee to take a breathalyzer if

Customer Question

Can an employer ask an employee to take a breathalyzer if they suspect them to have been drinking during work hours
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the employer has an established drug and alcohol testing policy, then if they have reasonable suspicion that the employee is drinking or on drugs while at work, the employer may order the employee to submit to a test. If the employee does not comply, the employee may be fired for refusing to take the test. If the employer does not have a testing policy, then they can ask for the employee to take a test to prove they are not drinking, but the employee can refuse and it would not violate any employer policy, HOWEVER AND READ THIS WELL, if the employee refuses, the employer can terminate the employee still for them suspecting alcohol use at work and that would still be a legal termination I am afraid (so it is a double edge sword for the employee).

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