Is it legal to be strip searched at work?

Was taking a drug test at work. I saw when they took the temp of my urine it was 96 degrees. He told the woman to write down 90 degrees then told me he had to dump it out. After he said that he needed another sample. So he gave me a cup and followed me into the room. I was undoing my pants for another sample when he stopped me and made me strip all the way down then wouldn’t let me give another sample. After that I was fired for “refusing” to give another sample. What are my rights?

Asked on March 6, 2011 under Employment Labor Law, West Virginia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Oh my goodness.  There seems to be so much going on here that I do not even know where to start.  It appears that the improperly recorded a mandatory test at your position thereby denying you some of the same rights as others taking the test.  It sounds as if they violated some civil rights with what came next and that those violations should have not only civil penalties but criminal ones as well.  I would strongly suggest that you speak with an attorney in your area as soon as you possibly can.  Discuss issues of employment law as well as personal right violations.  You have not said who "he" is but I am assuming a supervisor or some other agent of your employer. Someone in "authority." Good luck to you. 

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