Do I have to agree to an observed urine screen?

I work in a factory and just took pre-employment screen 4 weeks ago. I

made a co-worker upset; he is not management. The next day on my way to work they told me to turn around and go to a testing facility. When I got there, I was told they have to watch me and I was in shock.

Asked on November 3, 2018 under Employment Labor Law, Indiana

Answers:

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

Answered 2 years ago | Contributor

The fact is that a business can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). Accordingly, unless this testing violates the terms of a union agreement or employment contract, it has the right to drug test as it deems appropriate which includes supervised testing. If this is not acceptable to you, you can either refuse to comply but risk rermination or quit.

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

Answered 2 years ago | Contributor

The fact is that a business can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). Accordingly, unless this testing violates the terms of a union agreement or employment contract, it has the right to drug test as it deems appropriate which includes supervised testing. If this is not acceptable to you, you can either refuse to comply but risk rermination or quit.


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