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Below is our existing drug-free workplace policy: 1. Our…

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Below is our existing drug-free...
Below is our existing drug-free workplace policy:1. Our field managers who would enforce this with the employees have not been through “reasonable suspicion” training.
a. Will this create a problem with enforcement of the policy?
2. In light of all the states who have legalized the use of marijuana, what changes or revisions do you recommend?
3. While conducting a store inventory for a customer, if the customer has a concern about one of our employees “appearing to be impaired” how should our managers address the situation?POLICY: PICS Inventory / MIS is a drug-free workplace. As such, we prohibit the use of non-prescribed drugs or alcohol during work hours. If the employee comes to work under the influence of drugs or alcohol or uses drugs or alcohol during work time, the employee will be disciplined in accordance to the policy up to an including termination. Before being asked to submit to a drug test, the employee will receive written notice of the request or requirements. The employee must also sign a testing authorization and acknowledgement form confirming that he or she is aware of the policy and employee’s rights. If the employee is unable to take the drug screen within 24 hours, DO NOT send the form to Human Resources to process until they are able to do so. PICS Inventory / MIS shall neither perform drug screenings nor permit its employees to undergo drug screenings: 1) in any state where drug screening or random screening is not permitted; 2) where drug screening is permitted only with reasonable suspicion or probable cause; 3) where only random testing is permitted.
Submitted: 7 months ago.Category: Employment Law
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12/5/2017
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,288
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 7 months ago
Please go ahead.
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Great, thank you! Bear with me a moment while I review…

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Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks so much for your patience. I'm still reviewing your situation.

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Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Ok, thanks for your patience on this. If your field managers have not been through reasonable suspicion training, it'll make it problematic to enforce this because people may be discriminated against or terminated based on people who do not have the training to do so, which could be a breach of contract. As far as the use of marijuana, I can't recommend a specific policy; however, a lot of employers generally say that unless you have a prescription for marijuana, you're fired if you test positive. Even then, just because they have a prescription, many employers simply ban its use or the effects of its use during work hours.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 7 months ago
Please help with any suggestion on a Attorney approved Electric Applications for hourly hires.
All I have found is paper Applications that attorneys approve compliant for all states in U.S.
We have over 900 employees in various states.
We are in numerous states and I have researched for hours and weeks trying to see the states we work in if they are "Ban the Box" or do I need a Conditional Offer with the application.
I have been trying to find the exact section of laws that state their hiring process, to ensure we are compliant in these various states.
I called each states D.O.L to try and reach someone to ask there compliances with hiring process and all I receive are voicemails.
Any knowledge/ideas?
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

I can understand your concern. If you click here, you can see all of the states that have a bank the box law. As far as the sections of the law that govern the hiring process, that is going to be a lot more difficult. Generally, states do not have hiring processes written into the law. The states are generally just going to require that you don't discriminate against people on the basis of some protected class like their age, race, sex, gender, or sexual orientation. Aside from that, you're welcome to ask people whatever questions you want to ensure that they're a good fit for your organization. Even government agencies have their own hiring processes. They have authority from the law to create their own, but for private employers, it's not an area of law that outlines the process. What other question did you have for me today?

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Customer reply replied 7 months ago
We have an account with SHRM. I printed anyway, thank you.
We are a private Employer.
What about our Conditional Offer of employment document:
This letter shall confirm our Conditional Offer of employment at(Our company) and is contingent upon receipt of results of a satisfactory background investigation. Please read the following before completing the criminal Background Section. (Then we have each state we do business in and I am to provide the section of law)Q: California is super liberal and a "Ban the box" state.
Could we for all states "Ban the box" and not ask about criminal a applicants background?
Then we wouldn't have to worry about compliances or does that bring any legal concerns for our company?
Customer reply replied 7 months ago
Do I need to reference what section of Law on our Conditional Offer of Employment?
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

California is very liberal generally so I would recommend not having a box regarding criminal convictions for this state; however, to be safe, it may be smart to ban the box for all of your applications and then you would need not worry. Only in some specific industries (e.g. those where you're working with children, lawyers) are criminal backgrounds going to be a part of the requirements; however, usually if a person has a LiveScan done, their background has already been completed and oftentimes those are conditioned upon receiving licensure rather than private employment. Thus, it is probably a good idea to ban the box.

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