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

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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 10 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.


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