If your job suspects you’re using drugs, can they wait 2 weeks to do a drug test?

UPDATED: Sep 29, 2022

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If your job suspects you’re using drugs, can they wait 2 weeks to do a drug test?

They don’t do random drug testing. And the day they suspected you were on drugs they state they suspected it at 9 am but then let you continue to work your complete shift until 6 pm and being a charge nurse in a nursing home? Can they make you come in for drug test when you have actually been removed from work per doctor’s order for those 2 weeks? This was related to a near mental breakdown and depression associated with childhood sexual abuse that was never dealt with.

Asked on September 12, 2015 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, they can require you to do a drug test if you gave them some reason e.g. by performance or appearance  to suspect you were on drugs. They do not have to do the drug test immediately, but can wait to do it--there is no law requiring an immediate test or no test. And yes, they can make you come in for the drug test even a doctor said you shouldn't work, because the doctor does not have any authority over your employer--the doctor is not an owner or executive of your employer, and cannot tell what they can and can't do.

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