Can You Be Fired For Not Taking A Drug Test?

Can you get fired for refusing a drug test?

Employees may refuse to take a workplace drug test – but they can also be fired for that refusal.

An employer only needs to demonstrate they had good reason to believe someone was a safety hazard or was unable to perform their job..

Can you be forced to take a drug 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.

Does failing a drug test disqualify you from unemployment?

Here are some of the types of misconduct that might render an employee ineligible to collect unemployment benefits: Failing a drug or alcohol test. In many states, an employee who is fired for failing a drug or alcohol test will not be able to collect unemployment benefits.

Why can’t you flush after drug test?

“The toilet has to have blueing in it so you can’t dilute the sample with the water from the toilet,” says Barbara Bauer, supervisor of Florida Hospital Corporate Health, a drug-testing company in Orlando.

How do you appeal a positive drug test?

The best way to contest false-positive results is to reach out to your pharmacist and ask if prescription drugs and OTC medications you take on a regular basis can cause a positive drug test result. Ask if the pharmacist can provide written documentation to this effect and bring a copy to the test site.

What is a good excuse for failing a drug test?

Top 10 Most Creative Reasons for FAILED Drug Tests [2016]“I was at a party over the weekend – can I retest later?”“I didn’t know the brownies I ate were laced with pot!”“I took some elephant tranquilizers. … “It must have been the tea that my wife gave me last night.”“My dentist gave me cocaine for my sore tooth.”More items…•

Do drug tests go on your record?

According to the Equal Employment Opportunity Commission (EEOC), “if the results of a drug test reveal the presence of a lawfully prescribed drug or other medical information, such information must be treated as a confidential medical record.” As a best practice, all drug test results should be filed in a confidential …

Are random drug test really random?

1. Random drug testing is not in real time. “[A random drug test] just tells you that the employee ingested some amount of a particular drug at some undetermined point in time” (Lewis Maltby, President of the National Workrights Institute).

What is the most common drug test for employment?

A urine drug test is the most commonly used test when job applicants or employees are screened for illegal drugs or alcohol use. Urinalysis shows the presence of drug residues that remain in the body after the effects of the drug have worn off.

Can you say no to a drug test?

You have the right to refuse a drug test, and the employer has the right to refuse you a job on that basis. State laws may impose some procedural rules on how an employer tests. For example, the employer may have to use a certified laboratory or give you an opportunity to explain a positive result.

What happens if you refuse a pre employment drug test?

If you fail or refuse a pre-employment DOT drug test, it will hinder your ability to get a safety-sensitive job. You will have to complete a Return-to-Duty program by a DOT-qualified Substance Abuse Professional (SAP) before applying for work.

What happens if you test positive on a pre employment drug test?

If the test results in a positive reading, meaning there is drug residue in the body, the results are forwarded to a medical review officer, who reviews the results and looks for any possible valid medical explanation for the results.

Can an employer tell another employer you failed a drug test?

In summary, test results and other PHI from a drug test should not be disclosed to another employer or to a third-party individual, government agency, or private organization without the prior written authorization of the person tested.

Can my employer do a random drug test?

Employers can only drug test if there is a drug testing policy that the employee is aware of and agrees to. This may be in your contract or staff handbook, both of which you should check to see if your employer can make you have a drug test.

Will failing a drug test affect future employment?

Drug testing is typically conducted prior to tendering an offer of employment. A failed drug test could result in the job offer being withdrawn.

What are the consequences of failing a DOT drug test?

If you fail your DOT regulated drug test, DOT regulations require your employer to immediately remove you from performing any DOT safety-sensitive job. There may be other consequences, too, like losing your certification or license. This depends on your company’s policy or employment agreement.

How long does urine drug test results?

Drug test results typically take 24 to 48 hours, depending on the type of test being performed (e.g., urine, hair or DOT).