Best Way to Legally Refuse a Drug Test in California?
Question by Mechanicboy: Best way to legally refuse a drug test In California?
I asked a question earlier about this but did some research and found that my employer can’t legally drug test me because they don’t have a proper drug policy and it’s discriminatory. My question isn’t should I refuse to get tested, because I am, it’s my legal right, it’s how should I go about it in the best fashion so as to not screw myself legally.
I’m not dirty, I’d pass the test but they are being discriminatory in their drug testing and they don’t have a proper drug test, they legally can’t fire me for refusing the take the test and if they did I’d sue them for wrongful termination and for discrimination. They already have a case involving wrongful termination and their drug policy against them.
Did a lot of research and no, in California they only have the right to test employees if they work directly with the public and it’s a safety sensitive activity such as a class A truck driver. I know the company doesn’t have it policies straight because they don’t have one. I can’t stress this enough, in CALIFORNIA employers don’t have the right to make you take a drug test unless it’s completely random(I.E. random number generator selects numbers) or reasonable suspicion that must be documented by multiple people including supervisors. I am the manager of this portion of the company and know that refusing is the legal thing to do. They have been many court cases like this in cali and the employer often loses.
Best answer:
Answer by NTrouble
It has been a while since I looked over different states legislation on this, but I know California has some restrictions on drug testing and right of privacy. For some reason I am thinking that they may only do pre-employment testing and nothing further. I’m not exactly sure though. You can probably get some good info from this on http://www.norml.com
What do you think? Answer below!
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