Legal Question in Workers Comp in California

Can I still be drug tested from my employer for a workers compensation case if I was injured almost 1 month ago and they have not even mentioned it or have a reasonable suspicion?


Asked on 7/19/14, 5:17 pm

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

Labor Code 132(a) says an employer cannot treat a staffer differently solely because s/he requested workers compensation benefits.

Therefore, if the demand for drug testing says IN WRITING that this is solely because you requested Workers Compensation benefits, then no, that's a misdemeanor crime.

Sadly, if the employer puts nothing in writing and tests a handful of employees from time-to-time, then you are just being drug tested and YES THE EMPLOYER MAY DRUG TEST employees. There is no 'reasonable suspicion' requirement, the employer is not the police.

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Answered on 9/29/14, 12:04 pm


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