Can a Job Drug Test You Again After Your Hired

Many employers require their employees to submit to drug testing both before and after existence hired. Virtually of the fourth dimension later being hired an employer requires reasonable suspicion before having an employee take a drug test. Even with the recent legalization of marijuana in some states, employees in those states tin can nonetheless exist punished for testing positive. The punishments for a failed drug test can include rehabilitation, termination, and losing unemployment benefits. To learn more about drug testing and the workplace, read below:

1. Tin can my employer legally crave me to accept a drug test?

Yes. Federal, state and private employees are all subject area to drug testing.

Many federal employees, such as those who handle classified information, those who work in national security, law enforcement officers, employees with duties to protect property, life, health and safety, and even the President are subject to drug testing . The Supreme Court has ruled that while drug testing does infringe on an employee's privacy, it may exist necessary in order to protect the health and rubber of others . Most state laws are like to federal laws and generally maintain the legality of drug testing for state employees.

Many private employers require that their employees undergo drug testing. State and local laws vary in the way that they protect individual employees' privacy. In many states and localities, private employers may test employees for health and safety reasons, to increase productivity in the workplace, or to prevent illegal activities in the workplace that derive from drug-related activity .

Land Police InformationPhiladelphia, Pennsylvania. Philadelphia ordinance "Prohibition on Testing for Marijuana as a Condition for Employment," states that in the City of Philadelphia it "shall be an unlawful employment practice for an employer, labor organization, employment bureau or agent thereof" to require a prospective employee to submit to pre-employment marijuana testing every bit a condition of employment. The ordinance does not address marijuana testing with respect to current employees, and it does not prohibit an employer from disciplining an employee for being under the influence of marijuana while working or possessing marijuana in the workplace.

2. Can I be tested and fired for marijuana in a state where information technology'due south legal?

There are currently no restrictions under the constabulary that limit an employer'south ability to drug test for Marijuana. Additionally, employers in all 50 states practise not have to arrange whatever employee who is working "under the influence" or using marijuana while on-duty. Nonetheless, there are some states that crave an employer to accommodate off-duty use of marijuana.

The post-obit is a comprehensive list of us with explicit employee protections, states with no employee protections, states likely providing no employee protections, and states with unclear protections.

States with explicit employee protections
The following eleven states accept statutes with explicit language either through anti-discrimination or reasonable accommodation provisions, providing varying levels of employment protection. These laws generally state that an employer cannot fire an employee based on the employee's status as a medical marijuana cardholder or participation in a marijuana plan. However, some states, such as Arizona, Delaware, and Minnesota, explicitly address drug testing and country that a positive drug test alone cannot automatically be a reason to turn down to rent someone or to fire someone. Maine goes one pace farther and requires employers to stop drug testing task applicants for marijuana use and besides prevents employers from firing workers 21 years or older for the apply of marijuana outside of the workplace.

• Arizona
• Arkansas
• Connecticut
• Delaware
• Illinois
• Maine
• Minnesota
• Nevada
• New York
• Pennsylvania
• Rhode Island

States with no employee protections
The following vii states, either the medical marijuana statute explicitly provides no protections or the statute is silent, and the state has case law that has found no employee protection for off-duty utilize of marijuana. An example is Ohio's medical marijuana law, enacted in 2016, which explicitly provides that employers accept the right to establish and enforce zero-tolerance drug testing policies. However, California is now pending legislation that volition cease employers from discriminating against employees who are medical marijuana patients.

• California
• Colorado
• Michigan
• Montana
• Ohio
• Oregon
• Washington

States likely providing no employee protections
The following 7 states and the District of Columbia have state marijuana laws that are silent regarding an employee's protections and mostly only provide criminal protections.

• Alaska
• Hawaii
• Maryland
• Massachusetts
• New Hampshire
• New Mexico
• Vermont
• Washington, D.C.

States with unclear employee protections
The following four states accept marijuana laws that are either silent or vague regarding employee protections, and their land regulatory agencies have not provided guidance on employee protections.

• Florida
• Louisiana
• New Jersey
• Due north Dakota

Due to the rapidly changing nature of this area of constabulary, and the differences betwixt states, it is best to seek communication from an attorney in your expanse if you take questions or concerns.

3. How practice I know if marijuana is legal in my state?

The laws surrounding marijuana are changing speedily, with well-nigh states either legalizing it in some form, or considering legislation on the issue. A running list of states and their stance on marijuana can be constitute on Wikipedia. Be careful to note the differences in state laws. For example, some states have only decriminalized marijuana instead of fully or partially legalizing it. Other state accept legalized marijuana, but only for medical usage. Furthermore, at that place tin exist many meaning but small differences between state laws, and it is best to seek advice from an attorney in your expanse if you have questions or concerns.

4. Tin can I exist fired for taking prescription medication nether doc's orders if information technology shows upwardly on a drug examination?

You may exist protected by the Americans with Disabilities Deed (ADA). Under the ADA, an employer cannot discriminate based on disability. Nonetheless, if over time the disability no longer exists, if the medication is interfering with your power to perform essential chore functions with reasonable accommodations, or if you are taking the medication illegally, and so you tin be fired.

For more data on disabilities and the workplace, such as what is considered a disability and what constitutes an essential chore function, delight visit our inability bigotry page.

5. I'm applying for a job, and my employer wants to requite me a drug test. Is that legal?

Yep. In about cases, an employee seeking first-time employment tin be tested equally a status of employment, even if there is no cause or reason to believe that the prospective employee has been taking drugs. The employer, however, must test all incoming employees for drugs and may not single yous out for special handling.

Some states have imposed limitations on pre-employment drug testing. For instance, California allows a drug test only after the applicant has received an offering of employment conditioned on passing the test. In other states, employers that drug exam are required to provide written observe or indicate in their task postings that testing is required.

6. My employer has a policy that I can be tested if he/she has "reasonable suspicion" that I am taking drugs. Is that legal?

Yep. Only like incoming applicants can exist tested for drugs, so tin can existing employees. The just deviation is, in most cases, your employer must accept reasonable suspicion that you have been taking drugs before you can be tested.

seven. What does having a "reasonable suspicion" to test for drugs mean?

Reasonable suspicion means that the employer has a legitimate reason, based on logic and facts, to believe that you accept been taking drugs, and isn't merely guessing, speculating or discriminating confronting you. Reasonable suspicion tin be dissimilar in different circumstances. Examples of reasonable suspicion include but are not limited to:

Direct ascertainment of drug apply or physical symptoms of drug use (slurred speech, uncoordinated movement, etc.)

Abnormal conduct

A report from a reliable source that an employee is using drugs

Evidence that an employee has tampered with his/her drug results

Erratic behavior while at work or significant deterioration in work performance

Evidence that the employee has used, possessed, sold, solicited, or transferred drugs while working or at work

eight. Tin my employer randomly test me for drugs without having reasonable suspicion?

It depends. Many states require that there must be reasonable suspicion to test an employee, and employers that have not complied with this requirement accept been successfully sued. Yet, country laws vary, and in some states, private employers are permitted to randomly test their employees, even without reasonable suspicion, every bit long equally advance discover is given . Courts have generally held that no suspicion is needed to randomly test current employees in jobs that pose a serious take a chance of man injury or belongings damage.

9. I was involved in an blow, and my employer wants me to undergo a drug test, is that legal?

Yes. Federal law permits employers to exam for drugs during blow investigations. Although land laws vary, in most states, it is legal to test employees for drugs following a workplace blow. Because your employer may be held liable for injuries or impairment acquired as a upshot of your blow at work, the law allows the employer to drug test you lot to find out if the blow was a result of your prohibited conduct, thereby protecting the employer from liability. Nevertheless, employers must establish a "reasonable procedure" that allows for employees to report piece of work related injuries, accidents and illnesses. Under this standard, requirements for post-accident drug or alcohol testing will face scrutiny nether OSHA because these types of tests may deter employees from reporting an accident. If OSHA finds that the employer'south drug and alcohol testing policies for mail-blow reports deters employees from reporting the accident, the employer volition face up fines upwards to $12,471.00 per violation, or $124,712 for willful violations.

10. I'1000 involved in a counseling or rehabilitation plan for drug use through an employee help program (EAP). Can my employer still test me for drugs?

Yes. Fifty-fifty though you lot are undergoing rehabilitation, your employer still has the correct to test y'all for drugs to brand sure that y'all are complying with the plan .

xi. How do employers exam for drugs?

Urine is the almost mutual specimen used to test for drugs, but blood, jiff, or other specimens can be used as well. Hair may also be used to test for drugs. Hair testing is growing in popularity and has been accepted by courts every bit a permissible style to test for drugs. Drug residue remains in hair for a much longer period of time than information technology does in urine or blood.

12. My employer wants me to undergo a drug test and requires that someone scout me while I urinate. Is that legal?

Unremarkably not. Some courts take found it to be an unfair invasion of privacy to watch employees urinate. However, most courts have held that it is reasonable to enforce other safeguards that protect confronting tampering with urine specimens. Examples include: listening to an employee urinate, the dying of toilet water, requiring employees to wear hospital gowns, and checking the temperature of urine.

13. If I test positive on a drug test, what kind of activity can my employer take?

If you are a federal employee, Executive Order 12,564 requires that activity exist taken if you test positive for a drug test . You will be referred to an employee assist program (EAP), and you must comply with the programme's rules and cease future drug use, or else you will be bailiwick to termination.

State and individual employers have their own policies if you exam positive for drugs, and these often include mandatory rehabilitation, firing, or not existence hired for the position in the first place. While some employers cull to practise and then, a private employer is not required to permit yous to complete rehabilitation or give you a second gamble before firing you for drug apply.

14. Tin can I refuse to take a drug test?

You can ever refuse a drug test. However, as an bidder you may not be hired as a result of not taking the drug test. Equally an employee, if you are fired considering of your refusal to have the examination, y'all may take little recourse. In fact, in some states, yous might be denied unemployment benefits if you are fired for refusing to have a drug test.

15. Can I lose my unemployment benefits for declining a drug exam or refusing to accept one?

It depends on the state, just generally if the state allows for drug testing they can deny unemployment benefits for a failed or refused drug test. Some states do permit you to get your benefits if you lot are nonetheless unemployed after a set menses of fourth dimension.

16. I've been chosen in on short find and I'thou afraid I won't pass the drug test. How long will drugs stay in my organisation?

The amount of time a drug tin be detected in your system varies widely not only betwixt drugs but betwixt people. Some drugs leave the system within a few hours while others tin be detected for weeks after inbound your system, like THC from marijuana past a frequent user.

17. I tested positive for marijuana apply and my employer wants to fire me, merely I know that other employees likewise tested positive but weren't fired. What tin I practice?

Although employers are not necessarily required to treat their employees fairly and equally, the failure to do so may subject your employer to a discrimination lawsuit if certain types of employees are treated differently. Check with your land department of labor, or a private attorney, for more than data to help y'all determine whether you may be able to bring a discrimination case. If you are a member of a matrimony, you likewise may be able to file a grievance over your termination.

18. I tested positive for drugs but I think the test was inaccurate. Can I claiming the accuracy of the examination?

State laws vary as to what activeness you can have. Nonetheless, there are some methods of recourse that may help y'all challenge the results. If y'all are a member of a union, you may be able to file a grievance over your termination that challenges the accurateness of the exam. You may check with your state department of labor, a private chaser, or contact 1 of the following advocates for aid and information:

• National Workrights Institute
• Privacy Rights Clearinghouse

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Source: https://www.workplacefairness.org/drug-testing-workplace

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