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Is it legal for a private employee to blanket test

Customer Question
Is it legal for...

Is it legal for a private employee to blanket test employees? There is no advance warning, but all blanket tests are performed each year at the same times, it is just accepted, but not written in employee handbook.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

California

Lawyer's Assistant: Has anything been filed or reported?

No, everyone is too afraid to say anything about this or any other abuses we have to endure.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, Im just wanting to know if a blanket urinalysis is legal, and if I can legally refuse to participate. I know that their procedures are not proper, and just anyone they select provides the test outside a community porta-pottie.

Submitted: 6 months ago.Category: Legal
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Answered in 5 minutes by:
1/9/2018
Lawyer: Olivia Kent, Attorney replied 6 months ago
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,013
Experience: Partner at Kent Law Group, LLC
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.

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Lawyer: Olivia Kent, Attorney replied 6 months ago

It is permissible for a company to test their employees but you are permitted to participate. That being said, if you are an "at will" employee the company can terminate you on that basis. Sorry, I hope you don't shoot the messenger on this one but I'd hate to see you do that and be caught off guard if your employer chooses to terminate your employment.

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Customer reply replied 6 months ago
I was specifically referring to blanket urinalysis, not just general random or reasonable suspicion. Specifically the lagality of blanket testing.
Lawyer: Olivia Kent, Attorney replied 6 months ago

In the state of california generally arbitrary ("blanket") UA/drug testing after someone has been hired (as opposed to before a job has been granted) without a reasonable suspicion OR the same testing for the same type of job that employees were provided with notice of would not be deemed permissible. https://www.calchamber.com/california-employment-law/Pages/drug-and-alcohol-testing.aspx

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