Drug Testing

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Drug Testing

I accepted a job offer one month ago, and I do not start until September. If the
offer said nothing about drug testing, can the company still drug test me? If so,
how much notice must they give me? They are located in Oregon.

Asked on May 7, 2018 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

An employer can drug test employees even if it did not warn them previously (e.g. when they first applied or interviewed for the position) that it would do so. It may do so so long as it is not discriminating in who it tests (e.g. testing minority employees, not white employees; testing men, not women), which means it can drug test everyone; drug test on a random basis; test people in certain positions (e.g. drivers); or test people if certain events or behavior occur (e.g. if an employee has an accident at work). In your state, there is no mandatory notice period set by law. 


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