Can a boss ask to see your eyes and assume you are on drugs?

Can they tell you that your eyes are dilated and that you’d better straighten up in 20 minutes or you’ll be going home?

Asked on January 27, 2013 under Employment Labor Law, Massachusetts

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The fact is that, absent wrongly and knowingly accusing you of drug use in front of others (which could potentialy lead to a defamation lawsuit), your employer's action was perfectly permissible under the law. In "at will" employment, an employee can be fired for this reason, any reason or no reason at all (with or without notice). So unless this treatment violated existing company policy, a union agreement or employment contract, there has been no legal violaion.


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