Legal Question in Employment Law in California

Drug Testing

I work for a church. My Pastor/Boss decides to tell me that he thinks I'm using drugs (which I'm not) and he is going to test me. I have no problem testing for him but isn't that a violation of my right to privacy? I have signed no drug testing policy since I have been employed with this church.


Asked on 7/12/07, 3:29 am

1 Answer from Attorneys
Frank Clowney III Law Office of Frank S. Clowney III

Re: Drug Testing

Drug testing issues are complicated because it may be permitted in some situations but not others. It is possible that your situation is one where requiring a drug test would not be permissible. You run the risk of being fired if you refuse to take a test, and then would have to base a claim for wrongful termination on a violation of your right to privacy. There can never be a guarantee of winning, and a church is not the best defendant to have in terms of jury appeal. Bottom line is that this a complicated issue that requires extensive legal research before any real opinions can be given.

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Answered on 7/12/07, 1:25 pm


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