Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

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

I have a drug testing...
I have a drug testing question.
JA: Can you tell me what state this is in?
Customer: Texas
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so.
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 minute by:
11/7/2017
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 14,103
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?

Ask Your Own Employment Law Question
Customer reply replied 1 month 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 1 month 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.

Ask Your Own Employment Law Question

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.

Ask Your Own Employment Law Question
Customer reply replied 1 month 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.

Ask Your Own Employment Law Question
Customer reply replied 1 month 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.

Ask Your Own Employment Law Question

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.

Ask Your Own Employment Law Question

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: 14,103
Experience: Experienced in multiple areas of the law.
Verified
RobertJDFL and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 14,103
14,103 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,537 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,302 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,025 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,889 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
Is it gender discrimination if a public charter school
Is it gender discrimination if a public charter school disciplines and/or terminates a male teacher for Classroom management and/or negative instructional performance while there were other female tea… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
During the 300 days of the EEOC investigation - the written
During the 300 days of the EEOC investigation - the written complaints I submitted were all returned way past the "15 work day" investigation time as "no valid evidence"..... the VP of Finance is the … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,229 satisfied customers
I was wrongfully terminated with wages withheld after many
I was wrongfully terminated with wages withheld after many years of workplace harassment, discrimination and bullying. I live in NY, what are my legal rights? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,025 satisfied customers
EEOC question. Lawyer wants to know why I asked for a
EEOC question. Lawyer wants to know why I asked for a monetary settlement, but I do not know what to ask for on age discriminaiton. … read more
Pheobe Clark
Pheobe Clark
Attorney
JD
32 satisfied customers
EEOC said they do not have jurisdiction and I have the
EEOC said they do not have jurisdiction and I have the letter for right to sue and only have 90 days to file suit. Should I still have an investigator ??… read more
Pheobe Clark
Pheobe Clark
Attorney
JD
32 satisfied customers
I need guidance on an harassment and discrimination issue at
I need guidance on an harassment and discrimination issue at work. … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,229 satisfied customers
Employment discrimination. Work from home in NJ, office in
Employment discrimination JA: Because laws vary from place to place, can you tell me what state this is in? Customer: Work from home in NJ, office in NYC JA: Is the employment agreement "at will," uni… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Is there a wrongful termination or discrimination case if an
Is there a wrongful termination or discrimination case if an employee gets laid off after taking a 2 week medical leave for surgery for breast cancer? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
948 satisfied customers
After having filed an EEOC discrimination complaint at
After having filed an EEOC discrimination complaint at Texxxxxxxxx xxxxxxx xxxxxx - one of the retaliations that occurred was a witnessed verbal assault by the supervisor, during a "review" meeting of… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it a requirement in Florida to file a compliant with EEOC
Is it a requirement in Florida to file a compliant with EEOC first, before filing a lawsuit against a former employer for age discrimination?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
948 satisfied customers
Is is considered discrimination to state a person is hard to
Is is considered discrimination to state a person is hard to understand due to accent? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have reported to the NC EEOC that my former employer
I have reported to the NC EEOC that my former employer interviewed applicants and made offers before jobs were posted, and I have reported to ICE that they have knowingly employed illegal immigrants, … read more
Ray
Ray
Lawyer
Doctoral Degree
30,529 satisfied customers
EEOC complaint against an officer of the US Public Health
EEOC complaint against an officer of the US Public Health Service. I am not a federal employee, a civilian. Incident was less than 45 days. WDW … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,155 satisfied customers
I don't do drugs. I've smoked marijuana in the past. My
I don't do drugs. I've smoked marijuana in the past. My father who is in remission from leukemia uses oils and smokes. I'm around him constantly helping him and just hanging while he smokes. He also u… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,025 satisfied customers
I am considering filing an EEOC claim of discrimination and
I am considering filing an EEOC claim of discrimination and retaliation. My employer was going to terminate me, but said I could resign instead. I had about 30 seconds to decide. I wrote a resignation… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
948 satisfied customers
I went to the EEOC for age discrimination. They in turn made
I went to the EEOC for age discrimination. They in turn made me sign an AOF retracting it for 90 days severance. I felt I was forced to resign … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can I be fired for a valid prescription drug? Drug test
Drug test because of work injury . Broken toe . Three weeks later after I was returned to regular duty ... the same day I was fired … read more
lawyerJ
lawyerJ
Juris Doctorate
137 satisfied customers
I was picked for a random drug test and showed marijuana
I was picked for a random drug test and showed marijuana use. I did not or have never used while at work. I was terminated and told that I could not apply for that company again. this was 1/31/17. Is … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,958 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x