CanI refuse a randomdrug test at work?

Asked on September 20, 2011 under Employment Labor Law, New York


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

Answered 9 years ago | Contributor

Yes, you can refuse to take a random frug test. And you can also be fired for such a refusal. Unless you are protected by an employment contract or union agreement or this is some way violates its own policy, your employer can require that such a test be taken. Additionally, the test must not be administered in a discriminatory way.

Absent the above, an at will employer may mandate any terms and conditions of the workplace much as it sees fit. For a breach of any of these terms and/or conditions it can discharge an employee, with or without notice. In fact, an employee can be terminated for any reason or no reason at all.

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