Can I sue a job for not letting me know about a drug test prior to hire?

I was never informed about having to take a drug test at all before I was hired and the day I started training, they gave me a drug test paper to take to my doctor that same day. If I would have known prior to being employed I would have requested more time or would have turned down the job knowing that I wasn’t going to be able to pass it due to THC remaining in my system from a month before. Now I am likely

to be fired because they aren’t giving me allotted time for the THC to leave my body so I may properly take a drug test and pass. Is this legal? I was perfectly fine at my job before this one and I gave my 2 weeks properly then left to then be put into a position where I am going to be out of a job because I wasn’t given proper information regarding the pre-employment requirements in writing nor verbally.

Asked on August 22, 2016 under Employment Labor Law, Texas

Answers:

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

Answered 4 years ago | Contributor

An employer is under no legal mandate to disclose compulsory drug testing. Accordingly, unless such a policy violates the terms of an employment contract or union agreement or consititutes some form of actionable discrimination, it is perfectly permissable under the law. The fact is that a company can set the conditions of employment much as it sees fit.


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