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N another employee select his colleagues for a drug test.

N another employee select...

N another employee select his colleagues for a drug test

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?

Texas is an at will State. The methodology is a can with 10 pennys in it and 2 peenys are drawn. The last digit on the date of the penny is uded to select the Social Security number for selection. The CEO and he are the only ones in the room for selection.

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Customer reply replied 1 month ago
9 US Penny's are used and have dates ranging from 2000-2009. If the penny with 2009 is drawn then all SS#'s with ending number of 9 are selected. A second penny is drawn and the process is repeated. Both penny's are put back in the can for the next so called "random selection" is drawn. It is not fair that the people already tested can get selected every time. I was selected 14 times in 10 months. Ridiculous. I passed every single one and don't worry about being selected, but it needs to be fair!!!
Answered in 2 hours by:
3/9/2018
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,899
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

I understand your frustration. However, if employees who were recently drug tested were immune from the next round of randomized selection, they would know that during the period after their test they could use drugs and not be subjected to further testing. This would defeat the purpose of random testing, which requires there being a CONSTANT possibility that you will be selected for the next test. So, I'm afraid that what you describe is not unlawful. You can certainly attempt to reason with your employer, but they will probably explain to you what I have explained above. I truly wish I could provide better news.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

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Customer reply replied 1 month ago
I understand that but it's not random when two employees are doing the selecting in private behind closed doors. I have worked 17 years here and random drug selection and testing was done by an "objective third party provider" (which they lied about that too). It is biased and allows for selection of whoever they want since they are doing it in private.
Customer reply replied 1 month ago
It can't be legal
Customer reply replied 1 month ago
Thanks I'll call the Texas Labor Board

Thank you. If your contention is that the methodology for selection is a sham and you are being intentionally chosen and targeted for some reason, you could possibly sue for invasion of privacy. Most likely to set that up, you would need to be selected for drug testing by the existing methodology, then refuse on the ground that you were not selected by a truly random method. Then you would need to be terminated or demoted (until that point you have not suffered damage), and then sue for the damages you suffered as a result of failing to submit to a non-random drug test. The Labor Board is not going to have an answer to your question here, first because they do not handle drug testing, only labor code violations, and second because they are not attorneys and not apprised of the intricacies of state and federal drug testing statutes and caselaw.

I realize this may not entirely be the answer you are hoping to hear, but I am trying to be honest and direct with you, which I can only hope you will appreciate. Again if there is anything more I can do for you just let me know. It's my pleasure....

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Customer reply replied 1 month ago
They have not done random UA's for the past 7 years because they lied about it being random the last time. I am the Director for Treatment Services and discovered this by accident when recruiting for our local ROSC. It's not that "it is not what" I want to hear because if I am selected, I will submit to the test because I have too much to lose to be demoted or get terminated. I don't want to sue anyone. I want the test done by an objective third party provider not by two people who have already been proven, not only to be untrustworthy, but also to make unsound decisions and who have underlying motives. (Get rid of people because they don't have the spine to fire anyone because they're afraid to get sued for wrongful termination.) Anyway thanks for your input. Oh BTW this company has NEVER turned up with a Positive Drug Screen through random testing in the 17 years I've been here (14 years as Director, only through suspicion of drug use.) thanks anyway.

I understand what you are saying. The problem is that with rare exception the law does not provide proactive remedies. The law provides recourse to obtain damages RETROACTIVELY. What I mean by this is that you cannot force your employer to change what they are doing, you can only suffer the damage of their unlawful practices and then retroactively sue to obtain compensation for those losses. This is just how the law works in these circumstances.

Again if there is anything more I can do for you just let me know. It's my pleasure....

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,899
Experience: Significant experience in all areas of employment law.
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Patrick, Esq.
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