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I have a drug testing question. Texas. Full time. I don't…

I have a drug...

I have a drug testing question.

Lawyer's Assistant: Can you tell me what state this is in?

Texas

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 don't think so.

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Answered in 1 minute by:
11/7/2017
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 15,208
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. What question did you have about drug testing that you needed assistance with this evening?

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Customer reply replied 8 months ago
I was sent for a drug test and told it was random on Friday. The results were negative. Today I was called in to HR and they told me that they had suspicion that someone was smoking marijuana due to a smell that had been going on for over a week in an employee bathroom that I had used Friday. Their excuse of random doesn't make sense. Additionally, I was at work only on Wednesday, Thursday and Friday. Also, who else used that bathroom and who else was drug tested? I feel that I am being harassed.
Customer reply replied 8 months ago
My question is, do I have any sort of a case with this? It just feels like I'm being harassed.

Thank you for you reply. Please give me a few minutes to review Texas statutes and type out a reply. Also, if you get an offer for a phone call, please know those come automatically from the website, not me, and you may reject it.

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Thank you for your patience.

Although many states have passed laws regulating or restricting an employer’s right to require drug testing, Texas has not. Texas legislation does not address drug testing in private employment. This means that employers are free to require or ask employees and applicants to take a drug test, as long as they don’t run afoul of other legal protections.

Because Texas doesn’t restrict or prohibit workplace drug testing, employees who believe their test was illegal will have to rely on other legal theories. While I agree it is suspicious that your employer is testing you and no one else who used the bathroom, that by itself is not enough to prove any illegal. However, if you believe you are being targeted due to discrimination -such as because of your race, religion, sex, a disability, age (age 40+) or national origin, you could file a complaint with the Equal Employment Opportunity Commission (EEOC). Similarly, if the employer publicized that the results were positive, even though they weren't, then there could be a claim for defamation of character.

Based on the limited facts you've provided, it doesn't sound like there is a cause of action here, but if you meet one of the scenarios described above and wish to discuss the matter further, please reply, and I'm happy to clarify or provide additional information.

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Customer reply replied 8 months ago
I'm over 40. My pay rate is also high so they could be looking for a reason to terminate me and hire someone with a lower wage. Although, I have no proof of that. I also asked for information on who in my workplace was watching me enter and leave the bathroom. They told me that they would not tell me that. They did not publicize that the results were positive, even though they weren'tIs it possible to have an attorney ask those questions of my employer? I just think all of it is really suspicious and I would like some answers. Also, since they sent me to have the test and told me that it was "random" and I found out 2 days later that it was not random, you are saying that that doesn't matter?

No, I'm not saying it doesn't matter, I'm sorry if that wasn't clear. I'm saying neither federal or state law puts restrictions on drug testing by private employers. So they can send employees to be drug tested at any time. As such, to potentially have a legal claim against the employer, the employee would have to establish that there was some other illegal reason at play -such as discrimination, or publication of false test results resulting in damages to the employee. Merely being tested, in and of itself without proof of anything,is not unlawful, unfortunately.

Could a lawyer ask questions of your employer? Absolutely -but your employer is under no legal obligation to answer them.

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Customer reply replied 8 months ago
OK, thank you. You have been very helpful. Do you have a referral service for a local attorney that I could speak to about this issue?

My apologies, I had to step away briefly. I cannot specifically refer you to any lawyers or firms (site rules) but the Texas Bar Association actually has a lawyer referral service that can help you find a labor/employment lawyer. You might also want to search AVVO, at www.avvo.com.

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If you'd be so kind as to remember to leave a positive rating for me by clicking on the stars that would be much appreciated as it is the only way experts like myself are credited by the site for our time and assistance.

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If you have any additional questions about this matter, please don't hesitate to reply back to me and I'll be happy to help. Otherwise, please remember to leave a positive rating by clicking on the stars at the top of the page as that is the ONLY way experts like myself are credited by the site for our time and assistance. Thank you.

RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 15,208
Experience: Experienced in multiple areas of the law.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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