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Old 05-26-2006, 03:26 AM   #1
dotandpothead
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Default can they legally test me if...

well they told me after i had been working bout 6 months we were all gonna be tested and whoever failed was gonna be fired. yadayadayada. im wondering if i have any legal right to deny it though, since i never agreed to drug testing and ive been a very good worker the whole time. can they fire me for refusing or failing? ive only got 4 days under my belt and i think it will b in the morn or tues after memorial day weekend. i think it will be a urine test and i think very soon but they will not tell us the method or when. arrgh!!! i'm getting massive headaches at the end of the night cause ive been smoking since i was 5. 34 now. im very frustrated because i like my job and even they agree i'm a good worker. any1 know if i have recourse? tu all.
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Old 05-26-2006, 03:38 AM   #2
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i think this is gunna have to be answered by sec3 hell get here shortly but most likly it will be urine, unsupervised, might be random in nature as in next wensday you all walk in and get handed a cup..... i would recommend subbing in your situation..... if thats what sec3 thinks
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Old 05-26-2006, 03:58 AM   #3
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Red face

i just had the exact same thing happen to me. if we didn't want to participate, we were offered a layoff because the conditions of employment had changed. i wish i knew about this board sooner. although i am back now thanks to subbing,what i know now, because of here, would have made things much easier. best bet for subbing is find someone who is clean. read the subbing thread, and practice. if i can do it, so can you. howevr, if you test and are positive, you will no doubt be fired
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Old 05-26-2006, 04:03 AM   #4
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Quote:
Originally Posted by oz1811
i think this is gunna have to be answered by sec3 hell get here shortly but most likly it will be urine, unsupervised, might be random in nature as in next wensday you all walk in and get handed a cup..... i would recommend subbing in your situation..... if thats what sec3 thinks
I'm trying to print out the cheat codes for playstation 2 games. It takes forever on this slow dial-up. oh well.

You do have recourse, you can quit your job. That is your only option. If the employer implements a drug testing policy after you are already hired, you have the same option you would have when applying to an employer who has a drug testing policy in place for years. - Don't work there if you don't agree with the policy.

Now, it has been my experience that the employers are split about 50 - 50 on their way of going about beginning the testing.

#1: Announce the new policy in a regular safety meeting, then wait about 30 days to the next regular safety meeting and conduct the testing then.

#2: Announce the new policy in a regular safety meeting, then wait about 1 week and test everyone one at a time off the floor.

From your username I am assuming your company has now decided to do a laboratory testing for all employees. This could be because of a number of reasons. First, they are going after federal government contracts and due to the "Drug Free Workplace Act", they must implement a substance abuse policy prior to obtaining any contracts. Second, they are a service agent of a larger corporation or co-op that requires testing before awarding any contracts or access to the property.

There are other scenarios such as the company has had illegal substances discovered on the premises; Several employees were busted for possession; a local company was raided and/or shut down for having illegal substances on the premises, etc., etc.

Long story short: use the time you have this weekend to find a suitable substitute. If you are a heavy or daily user, it is very difficult to dilute enough to test negative while not testing diluted.
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Old 05-26-2006, 10:11 AM   #5
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Check into your state labor laws. There are many states that have laws which prohibit discharging an employee on a first-time positive without offering some type of Employee Assistance Program (EAP) first.

I, for one, happen to live in one of those states
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Old 05-27-2006, 01:12 AM   #6
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My state is one of them tool. Usually have to go to rehab to keep your job.
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Old 05-27-2006, 06:22 AM   #7
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yes but i believe if you do go to rehab, that you are subject to random testing at you site
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Old 05-27-2006, 11:22 AM   #8
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Quote:
Originally Posted by needgreen
yes but i believe if you do go to rehab, that you are subject to random testing at you site
No doubt. They want to make sure you are staying clean. My company pays for rehab the first time. The second time you are terminated.
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Old 05-28-2006, 03:09 AM   #9
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ok, tu ll. i guess i have no legal stand. i'm only on day 6 and my suspicion is it'll be tues after we all get back from memorial day weekend, but still not sure. i got the mary jane home test from cvs and ill try it tomorrow morning. i figure if i use my morning piss and it comes clean then im definately good.
i may just quit because, to me, no job is worth giving up my sacred medicine. ive searched for a sub but i literally cant find anyone i know that doesnt partake in something. ive been working on dilution methods from what ive read on this site. ill report back ater testing. once again, tu all.
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