Legal Question in Employment Law in California

Employee Drug Testing

My husbands company that he works for was sold. The new owners wants the employees to take a drug test. They will be doing the same jobs they were hired for. Is this legel. Is their a certain time limit they have to give, and do they have to post a notice of policy for this? Also they want to do a back ground check. My husband had a 10 year background check to get his security clearance for the airport 2 years ago. Can they do this also? Thank you for any help.


Asked on 10/28/00, 4:20 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Employee Drug Testing

Current California and federal law does not prohibit private employers from drug testing their employees. Some later lawyers predict that if the right case were to come along the Supreme Court of California might be willing to prohibit drug tests as a violation of privacy under the California Constitution. So far, this is not happened.

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Answered on 11/28/00, 4:23 am


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