Legal Question in Employment Law in California

drug tested for crying

I was crying at work and the wholsale company I work for said they were concerned about my health,knowing I was already seeing a doctor for anxitety/stress (medical records will show) they took me to there doctor for what i thought was to get checked out for a possible anxiety attack, when we arrive in front of two waiting rooms full of persons they announce that i was there only for a drug test in front of a waiting room!! as pepole starred i felt the mortification,degradation,humiliation(what privacy)..the doctor i saw said i was fine and that i was not under the influence of anything..so when i did the drug test-I was not allowed to use a speciemen cup

the medical center provided but one that was in a plastic bag that that my employer brought from there company god knows where it had been and who had access to it and could it have been tamperd with how would I ever know? of course the drug test was positive for marijuana, is this legal? and from other questions i've read on this web site sounds like i the employee have no privacy rights in this kind of matter and if an employer wants to provide the pee cup I guess they decide if you are negitive or positive


Asked on 10/30/99, 4:04 am

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: drug tested for crying

Generally, an employer must have reasonable cause to suspect drug use prior to requiring a drug test. Look at the company policy and determine what standards apply to drug tests.

Consult a local attorney regarding the breach of your privacy.

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Answered on 11/06/99, 2:13 pm


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