Legal Question in Employment Law in California

I work for the Long Beach School District and today when i went to work the principle called me into the office and told me she recieved an email from someone saying that they saw me smoking weed in the parking lot during lunch time. Can they legaly drug test me now just because someone said this?


Asked on 3/15/11, 6:20 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

California courts have generally permitted employers to require employees to submit to a drug test upon a reasonable suspicion of illegal drug use at or during work. There are not enough facts to answer your specific question. The test used is whether the employee has a reasonable expectation of privacy under the entirety of circumstances. Among the facts to be considered, are the employer's policies and procedures, any documents signed or disseminated, the nature of the job performed, public policy of preventing children from being exposed to drugs, your union's position on the matter, the extent of any intrusion, the credibility of the witness, and many other factors. My guess...being you work for a school district, the test can be justified.

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Answered on 3/16/11, 11:42 am


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