Get Legal Help Today
Secured with SHA-256 Encryption
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
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.
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.