Can you be fired for suspicion of drug use?

Can you be fired for suspicion of drug use?

Employers cannot force workers to take a drug test against their will. However, an employee who refuses to take a drug test can be fired for that reason, as long as the employer had a solid basis for asking the employee to submit to the drug test in the first place.

Can you be fired for failing a random drugs test?

Failing a drug test in California means that an employer can legally deny you employment, or terminate your employment depending on the conditions of your hiring. Once you have been hired, the employer may choose to continue your employment but decline to promote you until you pass the next series of drug tests.

Can you get sacked for taking drugs outside of work?

While it is true that employees guilty of drug use, even outside work, leave themselves exposed to dismissal on grounds of either capability, conduct or “some other substantial reason” (especially if use of the drugs in question is itself illegal) that decision cannot be automatic.

What does random drug test mean?

Random, or “spot,” drug testing is a strong deterrent to drug users because it is conducted on an unannounced basis. Using a random selection process (e.g., computer-generated), an employer selects one or more individuals from all the employees included in the employer’s workplace drug-testing program.

What happens if you fail a drug test for work?

In most cases, if you fail a pre-employment drug test, you will no longer be eligible for the job. Companies who require pre-employment drug tests must clearly state that the offer of employment is contingent upon a new hire passing a drug screening test.

Can an employer tell you what to do outside of work?

Under the National Labor Relations Act (NLRA), it is illegal for an employer to monitor or conduct any surveillance of employee union activities, including off-the-job meetings or gatherings.

Can a company control what you do outside of work?

Generally, an employee’s off-duty conduct is off-limits as far as employers are concerned. Exceptions do exist if there is some relationship between the off-duty conduct and your business and if misconduct outside of the workplace poses a risk for your business.

Can I be randomly drug tested at work?

Absent a federal legal mandate to conduct random testing, a California employer may engage in random testing only if the employer can make a strong case that an employee works in a safety-sensitive position and, if allowed to work under the influence of drugs, would pose some imminent safety or health threat with …

How often are random drug tests done?

Random testing is so effective due to the element of surprise. Although employees are aware that they might be tested, they’re not sure of exactly when, so random selections and testing should be performed at least quarterly. However, each company policy differs, and some employers test more frequently than others.

Why do you fail a drug test?

For example, if a candidate or employee tests positive for drugs or alcohol, you still can’t know how that drug became present in their system, when it was taken, or how much was taken. Further, if a candidate or employee is taking certain prescription or over-the-counter medications, they may fail a drug test.