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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption