Can an employer require a drug test without an employee’s prior consent?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can an employer require a drug test without an employee’s prior consent?

I have been at my job for 2 days and have had no mention form my employer of any kind of drug testing. Will there be any without any prior form or consent from me?

Asked on November 1, 2011 under Employment Labor Law, Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yes, an employer can requite this, with or without your consent. If you refuse you can be terminated (in fact you can be dismissed for this or any reason). As a general rule an employer has a great deal of say in the terms and conditions of employment. This includes if, when and how a drug test is to be given. For the employee's part they can either agree to have it done or quit (or as stated, be fired).

The exceptions to the above would be if the administration of this test in some way violates company policy, constitutes a form of actionable discrimination, or is contrary to the terms of an employment or union agreement.


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 lock Secured with SHA-256 Encryption