Employment Law

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Hours are required to take a drug test a random drug test…

Hours are required to...

Hours are required to take a drug test a random drug test for a job that we don't have no ram and drugged his policy in our employment hand book

Lawyer's Assistant: Because employment law varies from place to place, 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

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Answered in 3 minutes by:
1/10/2018
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,040
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome. I am reading your question but having difficulty understanding what is going on. Can you clarify the situation for me? I very much look forward to helping you on this matter.

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Customer reply replied 4 months ago
I was asked to take a random drug test for my job in which we don't have no random drug test policy

Thank you. I understand there is no formal policy, but has your employer randomly chosen other employees for drug testing in the past? Is it an "active" policy in terms of them actually doing this sort of testing, or are you the first and only person to be "randomly" tested like this?

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Customer reply replied 4 months ago
No formal random drug test policy

Sorry, "yes" to what exactly?

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Customer reply replied 4 months ago
I was the only person to every take one

Thank you. And so what has happened exactly? Did you refuse and were you fired?

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Customer reply replied 4 months ago
I took it and failed then I was fired
Customer reply replied 4 months ago
I took it then I was fired
Customer reply replied 4 months ago
Sent a copy of drug Policy
Customer reply replied 4 months ago
Hello

Yes, I am here

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Customer reply replied 4 months ago
Ok

This is a very tough issue for a few reasons. First, there is no law that says random policies need to be in writing. In fact, Texas has no statute regulating drug testing in the workplace at all. The other problem is that you did not pass the test, and drug use itself will always be grounds for a lawful termination. It would have been better from the standpoint of a lawsuit to have refused the test and been fired for refusing. Then you could allege that you were terminated for protecting your right to be free from an unlawful search. Your employer would argue that you consented to the drug test, since nobody "forced" you to take it, and that they terminated you for using drugs.

I would certainly consult with some local employment attorneys, but I think you may have difficulty finding one willing to assisting you on a contingency fee basis. What I would recommend is retaining an attorney hourly to attempt to negotite severance on your behalf. The THREAT of litigation here may be enough to leverage a decent severance payment.

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Customer reply replied 4 months ago
Ok thanks

You are very welcome. Please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,040
Experience: Significant experience in all areas of employment law.
Verified
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