Legal Question in Employment Law in California
At will termination?
retailer as a cashier for four years. went to work and they said that they would begin drug testing all employees that morning. This was the only notice that we were given. manager the option of being laid off if we did not want a dirty test going on our record as reason for termination. I admitted to him that I occassionally used marijuana and questioned wether they would test for this particular substance. The answer was ''yes'' they would. During my exit interview I signed a statement stating that I was being laid off. I had three weeks vacation pay due. When I returned the following day my manager stated that I would need to sign a different exit statement saying that I quit instead of being laid off or else I would not be given my accumulated vactaion pay. He also hinted that my original statement could be ''misplaced''. I failed to obtain a copy of my orignal statement on the the day I was released. I feel as if this company was invading upon my privacy and that they failed to give proper notice in regard to the test. Also the only agreement I signed before my tenure began with the company was for a pre-employment drug screening Which was never administered). Nothing was ever stated regarding random drug tests.
1 Answer from Attorneys
Re: At will termination?
The status of the law is not settled on what conditions an employer can require employees to submit to a drug test. We know that pre-employment drug tests are legal. So are random tests of employees whose work may cause harm to themselves or others if impaired. Also, if there is reasonable cause to believe a person is under the influence at work they may be required to test. However, you may have a good argument that random testing of a retail cashier is an invasion of your right to privacy, especially if there was no prior policy or warning.
Your boss had no right to threaten withholding of your accrued vacation pay. They must pay it to you on your last day, no strings attached. And you have a legal right to receive copies of any documents you have signed, including the statement you gave.
You may need to see a labor lawyer in your area to assist you with protecting your legal rights.
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