Employment Law

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Can a employer know that a employee is up for a random drug…

Customer Question
Can a employer know...

Can a employer know that a employee is up for a random drug test at the end of one week. but tell him that he needs to be at a safety meeting first thing monday with his crew.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Iowa

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I fail the test on monday, but past a second test on thursday

Submitted: 7 months ago.Category: Employment Law
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Answered in 3 minutes by:
10/4/2017
Employment Lawyer: ScottyMacEsq, Lawyer replied 7 months ago
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,140
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. The first thing that you need to know is that Iowa is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion.

In Iowa, prior to testing, the employer must establish a detailed written drug testing policy that is provided to every person subject to testing and made available for review by employees and prospective employees. Employers who choose to test can do so only after developing and disseminating a written policy.

Now as far as scheduling around random tests, etc... that's ultimately in the discretion of the employer. Unless you could show that their actions were in violation of the written policy or unlawfully discriminatory (based upon race, age, religion, gender, or disability, or in retaliation for doing any protected activity (FMLA leave, filing an EEOC case, etc...)) it would be legal. Unethical, immoral, illogical maybe, but legal.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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Employment Lawyer: ScottyMacEsq, Lawyer replied 7 months ago

Did you have any other questions before you rate this answer?

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Employment Lawyer: ScottyMacEsq, Lawyer replied 7 months ago

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 7 months ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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ScottyMacEsq
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Category: Employment Law
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Experience: Licensed Texas General Practice Attorney

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