Random Drug Tests & Your Rights

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In workplaces across the US, random drug tests have become increasingly common since the late 1980s when employers were required by federal laws to have drug testing policies in their employee guidelines. What rights do employees have when it comes to random drug testing? Are random drug tests legal? Do you have the right to be informed about an upcoming drug test or can you be tested without warning? If you have questions about workers' rights or other employment-related concerns, your attorney through our Legal Protection Plans for Individuals & Families will be able to give you personalized advice and assistance for your specific situation. Learn more about our Subscription Plans and read on for more info about randomized drug testing.

Random drug testing is unannounced, randomized testing of employees to see if they test positive for illicit substances. These are commonly conducted using urine analysis tests that can detect traces of illegal drugs and other substances for some time after the drug use occurred and long after the effects have worn off. Federal law states that employers have the right to drug test employees, but some states also have laws governing how random drug tests are to be conducted, so it is important for employees to know the laws of their state in regards to random drug tests.

The first question people generally ask is, "Can I refuse a random drug test from my employer?" And the most basic answer to that question is no. If your employer has a published policy in place requiring random drug tests, you will have to comply or risk punishment, up to and including being fired from your job. You may be able to get a medical exception from your doctor if you have a disability that prevents you from taking urine tests or if your state has laws that prohibit random drug tests. However, whenever you refuse a drug test from your employer, you do risk disciplinary action, which may include termination.

The second question people typically ask is, "Is it legal for my employer to require me to take a random drug test?" As long as they follow local, state, and federal rules and procedures, employers have the right to test employees for drugs. These rules essentially say that the testing must be conducted in an impartial and fair manner and that all employees have an equal chance of being selected for each random test. No employee should be chosen for testing more than once. Company policies regarding random drug tests need to be clearly outlined in employee handbooks or other employment materials given to employees.

The next question people ask is generally, "Can I contest the results of drug test?" The answer is yes. If you test positive but haven't taken any illicit substances, you should immediately ask to take another test, as you may have gotten a false positive. Nearly all employers will be happy to test you again. If your employer refuses to test you again, taking another test from an outside firm or medical facility usually won't do you any good, as employers are not required to accept those results and can still fire you. If you receive a false positive drug analysis test, you should call your attorney immediately. Depending on the circumstances of your particular case, the state you live in, and other factors, you may have a case for appealing any disciplinary action from your employer, whether that be probation, being laid off, or being terminated.

If you have been punished or fired from your position due to random drug testing, an employment law attorney may be able to help you file an appeal or a wrongful termination suit, depending on the circumstances in your case. Your attorney through our Legal Protection Plans for Individuals & Families will be able to give you advice and help you understand your rights as they pertain to your specific case. Learn more about all the benefits of membership or sign up today!

When You're Short Staffed: A Brief Business Owner's Guide

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Millions of American business owners have heard this refrain over the past two years: "I tested positive for COVID, so I can't come to work today." With so many workers out sick while the workload piles up, business owners, managers, and other employees are burning out as they cover for those who are ill. Nearly three-quarters of packing companies reported more employee absences since the start of the pandemic. If you're having problems with staff shortages at your small business, you may find it useful to create an employee handbook if you don't already have one or update your current handbook to reflect the stressful circumstances of dealing with COVID-19. Your small business attorney through our Small Business Legal Protection Plans can help you go over your handbook to make sure that all your guidelines are legal and enforceable. In the meantime, here are a few tips for dealing with staffing shortfalls:

Help Your Staff

Some business owners are very “hands off” regarding the day-to-day operations of their businesses, but these trying times may mean that it's time to pitch in. This will show employees that you care, that you don't want them to be overworked, and that it's important that the business stays running to a certain set of standards while others are out sick.

Prioritize

If you have several employees out sick, it may be time to prioritize tasks to make sure that what absolutely must be done gets done while less important tasks are put aside for later, when you have a full staff. Make a list of tasks and decide which are the most important and which ones can wait a little bit. Make sure your team members and employees are in the loop and check off the priorities list together.

Simplify

Look into if there is technology that can lessen workers' workloads or if some processes can be automated. Ask your employees if they have any ideas for how work can be streamlined.

Hire More People

It's not always possible, but if you can, hire more employees, temporary work staff, or contractors to pick up the slack. Depending on your industry, you may be able to outsource some work to freelancers until your full-time staff can safely return to work.

Ask Employees for Input and Ideas

This not only has the benefit of finding solutions from the people who do the work every day, but it lets your staff know that you're listening and know they're struggling.

Show Your Appreciation To Present Employees

Make sure that those employees who are working every day and picking up the slack know that you appreciate them. A bonus in their paycheck is a great way to show how much you appreciate their effort.

Let Your Customers Know

Most customers will understand that you're dealing with a stressful situation when your staff is out sick. Put up some signage asking for patience and don't let unruly customers bully your staff.

If you have questions about employee rights and employer rights during the pandemic, don't hesitate to talk to your small business attorney through our Small Business Legal protection Plans. Your small business lawyer will be able to help you understand your rights and responsibilities to your employees, what your employees' rights are, and possibly help you find solutions. Learn more about all the benefits of our Small Business Legal Protection Plans or sign up now!