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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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Been employed + years to a sole/private employer in the

Customer Question

Been employed for 6+ years to a sole/private employer in the 32024 area. There was not any pre-employment drug testing. Current policy states you can be tested if suspicions/injury, etc. Current owner will be selling practice soon, but this has not been finalized yet. He announced yesterday he will be selling, for us to keep it quiet and everyone is going to be finger printed and drug tested in 2 days. We have not been given a policy regarding this. What questions do I need to ask on Thursday of the tester?
Submitted: 2 years ago.
Category: Employment Law
Customer: replied 2 years ago.
The selling of his company has not been finalized yet. He just told us we are getting tested with no explanation. If I have to be tested, is it better to refuse and risk not joining new company that the other outcome?
Customer: replied 2 years ago.
at least 15 employees.
Customer: replied 2 years ago.
Private doctor office
Expert:  Delta-Lawyer replied 2 years ago.
I hope this message finds you well. I am a licensed attorney with over a decade of employment law experience. It is a pleasure to assist you today.
As a matter of course, you do not necessarily have to have a drug testing policy in place as an employer to actually test your employees. The main issue here is that you cannot be discriminatory in how you test. The practice must be fair and impartial.
That said, and to the point of your question, you need to ask the test administrator to provide paperwork, if possible, as to their testing methods and what they do to insure that there are no false positives or mixed/tainted samples. Also, you need to ask them what, if any, appeal or re-test practices that they employ to insure accuracy and minimization of false positives. These are the two largest and most damaging issues for drug testing of employees.
So, the employer can take this action as long as it is not discriminatory (only testing men or only testing minorities). The issues above should be addressed with the administrator of the test.
Let me know if you have any other questions.
Best wishes going forward!