Should I expect any type of test days after my work related collision?

UPDATED: Oct 1, 2022

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Should I expect any type of test days after my work related collision?

I was involved in a work related collision but was completely sober; CHP did a sobriety test and everything. I told my employer that I was willing to submit to any test that day but they said it wasn’t necessary. Now the other party who was involved is showing up at my work sight and HR is demanding that I get tested; it’s been 3 days since the accident by the way.

Asked on July 30, 2018 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) There is no legal obligation on your employer to test you--they don't have to test you. However:
2) After an incident like this, the employer would be legally justified in requiring you to submit to a test if they choose, since the collision provides reasonable grounds to confirm there is no substane problem; and
3) An employer is allowed to change its mind about this--just because they previously said you did not need to be tested does not mean they cannot require a test now.
So it's not "foul"--it is legal.

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 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.

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