Can a contractor drug test the subcontractor they will be using?

Asked on September 1, 2015 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

As long as your right to drug test is part of the agreement or contract between you prior to the subcontractor agreeing to work for you, then yes, this is legal two parties can agree or contract that one of them will be drug tested, but like all contracts, it needs to be part of the agreement up front--contracts may not be changed while in effect unless both parties agree to it. So if a subcontractor is currently working for you, you can't add that to their current contract or project but you can do so for the next one, so long as you tell that they are subject to drug testing. If they take the work while knowing of that requirement, they will have agreed to it.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.