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John, Attorney
Category: Legal
Satisfied Customers: 4470
Experience:  Licensed and practicing attorney.
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Is it legal employer to swab your mouth to see if you use

Customer Question

Is it legal for an employer to swab your mouth to see if you use tobacco
Submitted: 4 months ago.
Category: Legal
Expert:  John replied 4 months ago.

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today.

In what state is this occurring?

Customer: replied 4 months ago.
Customer: replied 4 months ago.
I work for accompany out of CA
Expert:  John replied 4 months ago.

The testing itself isn't illegal. What would be illegal is disciplining or discharging your employment because of off-the-job use of tobacco products. Likewise, it isn't illegal to have a no more than 30% increase in insurance costs on an employee who smokes (on or off the job).

Expert:  John replied 4 months ago.

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