Can I be fired for refusing to take a drug test?

By , J.D.
Need Professional Help? Talk to an Employment Rights Attorney.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

Question:

I work at a manufacturing plant. After a couple of accidents on the line in the past few months, the company decided to start a drug testing program. They announced the policy and handed out information on it; two months from now, they will start random drug tests. I occasionally smoke marijuana on the weekend, but it doesn't affect my work performance. I'm never high at work, and I wasn't involved in either of the accidents. Can they require me to take a drug test? What happens if I say no?

Answer:

The legality of drug testing depends on state law. Generally speaking, private employers are not required to test employees for drugs or alcohol. However, state laws typically allow employers to drug test employees, at least in some situations.

About half of the states have laws that directly address drug tests. In general, employers may require employees to submit to drug testing under certain circumstances. However, each state law varies in the details, such as how much notice an employer must give if it plans to start a drug testing program, the procedures the employer must follow in taking and testing samples, and the rights of employees who test positive.

The circumstances in which drug testing is allowed are also set by state law. A few states prohibit employers from random drug testing, but allow testing in other situations. In these states, an employer might need to have a reasonable suspicion of drug use, or it may be allowed to test only employees in safety-sensitive positions. To find out what your state allows and prohibits, select it from the list at State Laws on Drug Testing.

If your state's law allows your employer to test for drugs, then it allows your employer to fire you for refusing to submit to a test. Your employer can't force you to take a test by, for example, physically restraining you in order to draw a blood sample. However, it can require you to take a drug test as a condition of employment. In other words, if you want to keep your job, you'll have to take the test.

Get Professional Help
Talk to an Employment Rights attorney.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you