Legal Question in Employment Law in California

Testing

A job that Ive interveiwed for and hope to obtain --does drug testing. What type of drugs are they looking for and what over the counter or precription drugs should I steer clear of until after the test? Ive been taking day time sudafed(non-drowsie) and also metabolife(its a weight loss and energie suppliment)could any of these cause a positive out-come? Do I have to take a drug test? Isnt it my right to say no since Ive never been convicted of any drug or alchol related offensives?


Asked on 12/02/02, 3:15 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Testing

Courts have consistently ruled that it is legal for an employer to require a job applicant to take a drug test as a condition of employment. Their interest in hiring productive workers, who do not use illegal drugs apparently outweighs the prospective employee's right to privacy. Whether you have been convicted of a drug offense has nothing to do with it.

I am a lawyer, not a chemist, so I am not qualified to tell you what chemicals cause a positive indication for illegal substances. Talk with your local pharmacist to find out what medicines to be concerned about.

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Answered on 12/04/02, 1:27 pm


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