If a client of the company you are contracted to requires a drug test, can they force a w-2 contract worker to submit to this?

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If a client of the company you are contracted to requires a drug test, can they force a w-2 contract worker to submit to this?

I work as a W-2 contractor for a fiber company in Texas. I submitted pre-
employment drug screening and background check information before being hired
now 3 months ago. The company I am contracted to has picked up a new client and
this client is requiring a new submission of a drug tests and background checks.

I do not know how co-employment necessarily works but if I am legally obliged to
take this test, do I not count as an employee of the fiber agency itself given
that this client does not have a relationship with my contracting company?

Asked on February 21, 2018 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, this would not make you an employee by itself. A company can require ALL persons performing work for it to undergo drug testing (or meet any other criteria) in order to work for (or if already working for, to continue working for) them: remember, they do not have to hire or use *anyone*, employee or contractor, who does not satisfy their criteria, and unless you have a written employment agreement or other written contract which commits them to employing you, they can at *any* time tell you to take a test or otherwise meet certain criteria or they will no longer require your services. Requiring you to meet certain criteria does not itself create an employer-employee relationship.


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