Drug testing

My employer drug tested me because someone went to HR and said that I smiled marijuana on my lunch. Is my employer able to drug test me without reasonable suspicion? If they are and my test comes back negative, am I able to ask for a confirmation test? And is my employer able to test me in the men’s restroom with a female on site nurse in there, outside of the stall?

Asked on December 20, 2018 under Employment Labor Law, Illinois

Answers:

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

Answered 1 year ago | Contributor

Unless this testing violates the terms of an employment contract or union agreement, it was legal. The fact is that a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). Further, regardless of the test results, as an "at will" worker you can be terminated for any reason or no reason at all, with or without notice.


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