Legal Question in Employment Law in California

There is no bright line answer to when and how far an employer may go to invade the privacy rights of employees. Each situation must be viewed on a case by case basis. For example, if your job involves public safety, the employer would have a much greater right to randomly demand a drug test as opposed to someone who is a clerical worker.

Employers should have a clear form of communication, such as written policies pertaining to drug tests, so employees know what is expected of them. But failure to have such a policy, does not automatically mean they cannot request such tests.

If you believe your right to privacy is being violated, so you should consult with an experienced employment law attorney to review the specific facts of your employment situation.

With any suspicion about the employee, the employer can request drug testing 'for cause'. Random testing 'without cause' can be uniformly imposed on all employees if the company institutes a formal policy. You've heard of 'drug free' environment policies at companies? How do you think they enforce that without testing?? Keep in mind that in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause� or explanation, other than for illegal discrimination, harassment or retaliation under the ADA [age], Civil Rights [race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy. If terminated for refusal of testing, your claim would be invasion of privacy, which will depend on all the circumstances, with no clear rule.