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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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My company tried to have me sign a paper saying I

Customer Question

My company tried to have me sign a paper saying I voluntarily terminated myself for refusing a drug test. On Tuesday my safety supervisor stopped by our job site to give all three guys on the job site a random drug test, which in my opinion is not a valid statisticall computer program that Kentucky state law states employers have to have, but I never refused the test I just said there was no need in it and that I would fail it and he said thank you for the honesty and he would talk to my division manager. Neither him or the drug policy say I terminate myself for refusing one, which I actually never refused I was just honest. Is there a legal issue with how they did the random or how they are trying to make me say I voluntarily terminated myself?
Submitted: 6 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 6 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

In Kentucky, random drug tests are only legal if employees are selected "using a statistically valid, unannounced random method." (See 803 KAR 25:280) Deciding to test everyone at a particular job site would not meet this definition of random. So, unless there was some reasonable suspicion for asking to test you, the test is arguably a violation of your 4th Amendment right against unreasonable searches, and by extension, any admission you made regarding drug use could not be held against you with regard to your continued employment.

If your employer is trying to characterize this as you "voluntarily terminating" your employment, that would be improper. First, it would be improper because it does not accurately characterize what you did--you simply admitted to drug use. Second, termination on this basis would stem from a violation of your 4th Amendment and thus be an illegal termination.

I hope that you find this information helpful. 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 moving forward.

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Expert:  Patrick, Esq. replied 6 months ago.

Are you still with me?

Customer: replied 6 months ago.
My division manager said that there was a contract on the drug testing for this and that and that they were a few weeks behind and that's why all of us was tested but in my opinion that's not a random at that point
Expert:  Patrick, Esq. replied 6 months ago.

Thank you for your reply and clarification. I would certainly agree with your argument that at this point it is no longer a random test. Think of how random testing could be abused, otherwise. Every day, employers have a computer program randomly choose employees, but then they keep those selections in their back pocket to use as they please? It's not random unless the employer does it when the randomized choice is given to them. So, my answer remains the same.

I hope this clarifies. Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Very best wishes.

Expert:  Patrick, Esq. replied 6 months ago.

If you do not require any further assistance, I would really appreciate if you would take a moment to positively rate my service. This is the only way I am paid for my time answering questions here on Just Answer.

Best,

Patrick