Can I be forced to take a random drug test once I have exited my work building?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I be forced to take a random drug test once I have exited my work building?
I realized I was unfit to come and be at work. I tried to contact my manager and once I couldn’t locate
him, I decided to leave and wait for my ride outside. I was then asked/forced to come back and submit to a drug test.
Asked on October 19, 2017 under Employment Labor Law, Illinois
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You cannot be "forced" physically to undergo a drug test. However, if you fail to voluntarily take one, then absent an employment contract or union agreement to the contrary, you can be disciplined for not doing so (up to and including suspension or even termination). This is true whether or not you have left your palce of work. Basically, in an "at will" work relationship, a company can set the conditions of employment much as it sees fit (so long as no form of actionable discrimination is a factor).
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.