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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 110442
Experience:  20+ Years of Employment Law Experience
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Employer with 8 employees had a surprise drug test at local

Customer Question

Employer with 8 employees had a surprise drug test at local lab..2 prove positive for opiates. Want to keep them yet prevent use of our vehicles, reduce wages per restricted employment and give them opportunity, at their expense, to take drug counseling. What laws must I comply with? Can I set such a restriction on them for continued employment?
Submitted: 4 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 4 months 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 your company has a written policy for random surprise drug testing, you can demote them when you have every legal right to fire them. Arizona is an at will employment state, meaning that the employer can hire or fire employees for no reason or for any reason other than based only on their age/race/sex/disability/national origin. So, if an employee is operating a vehicle and found to be on opiates at work, then legally they can be prevented from operating vehicles, based on employer safety requirements and also based on the fact the employer is an at will employer who gets to set the rules. You can offer them a demotion in lieu of termination and inform them that if they do not accept they can be not only fired, but can be denied unemployment benefits because failure of a drug test is legal good cause for the State of AZ to deny those benefits.
Customer: replied 4 months ago.
Please provide reference to the Arizona State law(s) and U.S. laws that relate to these issues.
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
It is the AZ at will employment laws, A.R.S. § 23-1501 et seq. It is not federal laws. Drug testing falls under AZ Rev. Stat. Sec. 23-493et seq. See:

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