What are an employee’s rights to refuse a drug test?
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What are an employee’s rights to refuse a drug test?
One day out of the blue I was asked to go get screened. I refused and was told that I cannot return to work until I get screened. Do I have any rights as an employee?
Asked on May 13, 2014 under Employment Labor Law, Vermont
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If you had a written employment contract, you had whatever rights the terms of the contract gave you. If you believe you are being discriminated against in being asked to take the test, due to your age over 40, sex, religion, race, or disability, you have rights under anti-discrimination law. Otherwise, you would have no rights: employment is, in the absence of a contract or a violation of anti-discrimination law, "employment at will," which means that an employee may be suspended, demoted, fired, etc. at any time, for any reason, including not taking a drug test.
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