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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 57390
Experience:  Licensed attorney helping employers and employees.
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New York State, Monroe County Concerned areas: labor laws

Customer Question

New York State, Monroe County
Concerned areas: labor laws and drug screening
Around two months ago, I started employment with a contracting firm. My employment was not pending a negative drug screen result. My boss has regularly put me in positions which are above my skill level and experience, and asks why I do so poorly. At some point in the last couple weeks, he has started asking - then accusing - me if I am or am I actively doing drugs, to which I responded that he doesn't have the right to ask me that. Today (5/27) I learned from a co-worker that my boss told him he suspects me off drug use and is going to impose on me a "random" drug screening. Is this legal? Do I have grounds to refuse and to still stay employed? He has no proof that I do drugs and is acting solely on suspicion based on my non-answer.
Thank you for your time and consideration.
Submitted: 1 year ago via Cornell Legal Info Institute.
Category: Employment Law
Expert:  Infolawyer replied 1 year ago.

This is not legal. Spreading false information and accusations is defamatory. You can contest the accusations and their practices as violations of internal policy and procedures. This is an exception strategy to the general employment at will doctrine. You may also wish to have counsel involved to deal with management. You may also consider speaking to your boss and refuting the claims offering to take a drug test to contradict.

Expert:  Infolawyer replied 1 year ago.

Let me know if that is fast and clear.

Expert:  Infolawyer replied 1 year ago.

Please click on a positive rating.