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hello. I have a situation. I have been hired for a job.

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hello. I have a...
hello. I have a situation. I have been hired for a job. I have a start date. I'm offically hired. My dilema is that I"m worried about a drug test. There was no mention verbally, in writing in the newspaper ad or the written packet that was sent to me. can they drug test me the 1st day other than random drug tests? I'm not worried about a random drug test. I just don't want a drug test the 1st day of work as a condition of employment. I really am worried about this
Submitted: 8 years ago.Category: Legal
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6/9/2010
Lawyer: Joseph, Attorney replied 8 years ago
Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7,280
Experience: I have 15 years experience in the legal field, currently specializing in criminal and family law
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Employers are permitted to drug test their employees. In fact, employers are given fairly broad discretion as to the administration of such tests, essentially their only requirement is that the employees be treated equally in the administration of the tests.

 

By way of suggestions.....

 

Perhaps you can delay your start date. This could be accomplished in a variety of ways; calling the supervisor for a later date, calling in sick, needing the time for a pre-arranged vacation, etc.

 

Based on your statements, it appears you are concerned about testing positive for drugs. You may want to invest in some "cleansing" products. There are many available and some are quite productive.

 

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Customer reply replied 8 years ago
ok, I'm a lil confused. I've recieved advice from another attorney that stated that once your are hired and given a start date that is the end of the pre employment screening. I have been told that an employer has to tell you in advance if there is a drug test and that this cannot be given without verbal or written notice. I'm not going to delay my start date. yes, I'm worried, but I don't think it would be beneficial to hire me, have a start date and do a "surprise" test.
Lawyer: Joseph, Attorney replied 8 years ago

Employers are supposed to post their drug policy, including that they test their employees for drugs, thereby notifying employees (or potential employees) of the matter. However, the posting may be in just about any visible location. My guess would be that the employer posted the information somewhere in the office area.

 

The problem is that you have little recourse. By this I mean, what are you to do? If you bring it to the employer's attention, then they will certainly infer that you are using drugs and will be all the more suspicious.

 

So, could the employer have done a better job notifying you of the drug test? Sure. Can you do anything about it? Other than what I've already suggested, not really.

 

Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7,280
Experience: I have 15 years experience in the legal field, currently specializing in criminal and family law
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Lawyer: Joseph, Attorney replied 8 years ago

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.

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Customer reply replied 8 years ago
Relist: i just wanted the opinion of another atty. I'm sure that Joseph is good. I've heard via other sources that have consulted attys regarding my situation. .
i just wanted the opinion of another atty. I'm sure that Joseph is good. I've heard via other sources that have consulted attys regarding my situation.
Lawyer: Joseph, Attorney replied 8 years ago
Best of luck to you with your situation!
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