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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99429
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a restaurant and I'd like to test all my employees to

Customer Question

I have a restaurant and I'd like to test all my employees to create a drug free environment. Only one employee has denied the policy. Today will be my 2nd attempt can i fire the person today if they deniy again?
JA: Can you tell me what state this is in?
Customer: Illinois
JA: Has anything been filed or reported?
Customer: As far as?
JA: Anything else you want the lawyer to know before I connect you?
Customer: Will the contact be over the phone?
Submitted: 1 month ago.
Category: Legal
Expert:  Ely replied 1 month ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The answer is yes. See HERE. Illinois does not prohibit drug testing current employees. And, the employer has authority to have a drug free workplace and may let go of any employee who fails the drug test or refuses to test, with exception to:

-an employee who is taking a prescribed medication

-if employees are singled out by race, religion, etc, or

-demanding that the employees test out in the open before other employees.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 month ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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