Can my employer start randomdrug testing a year after your employment?

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Can my employer start randomdrug testing a year after your employment?

I’ve been working for a non-profit company for over a year now and I was just wondering if they can legally start random drug tests without cause. My job does not require it for safety reasons and none of the employees have given reason of suspicion to do so. The company is very unorganized so I’m not even sure if I signed something complying to take any testing.

Asked on January 19, 2012 under Employment Labor Law, Massachusetts

Answers:

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

Answered 9 years ago | Contributor

Unless this action is prohibited by a union agreement, employment contract or company policy, yes an employer can do this. The fact is that in an "at-will" employment relationship an employer has a great deal of discretion in setting the terms and conditions of the workplace. This includes if, and when, to institute drug screenings. For an employee's part, they can choose to continue working for an employer or not.

Note: Such screening cannot be instituted in a discriminatory manner. 


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