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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 12367
Experience:  JD, MBA
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Is it legal for an employer to require me to take a breathalyzer

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Is it legal for an employer to require me to take a breathalyzer & drug test during my off time away from work, I work 28 days on & 28 days off? I understand that I have to take them when at work during random testing, at the gate before coming into work if required but, at home on my time off? Isn't that invasion of privacy or something. It is not the tests them selves, it is the principle of the thing.
Hello and thank you for allowing me the opportunity to assist you.

No, I'm sorry to say that is not illegal. The employer has the right to require drug testing at all times, whether you're working or not. In most cases, then employer probably doesn't believe the employee is using drugs while on the job. Accordingly, the purpose of most drug testing is precisely to see if the employee is using while not at work. However, if you are required to go to a clinic, then you should be paid.

I am truly sorry to give you this bad news, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer. I do ask that you rate me based upon whether I answered your question, and not based upon whether the answer was good news or bad news. Your positive feedback is greatly appreciated. Thank you for using our service!

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Customer: replied 4 years ago.

Just a personal note; it seems wholly unethical that I would have to be tested not only to work but even when not working when millions of people receive unemployment, food stamps, housing assistance, medical care, ect without having to take a drug or alcohol test at all. It is my tax dollars that pay for these mooches & lazy people. Sure some are really truly unable to help themselves but most are just scammers & lazy. Our has for too many years been trying & is turning our society into government dependent socialists.

Hi again.

I understand your frustration.

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