Legal Question in Civil Rights Law in Colorado

Drug testing.

Do I need any kind of certificate to do drug testing on our employees?

If the test come out positive then we would send them to a clinic for another test.


Asked on 8/03/08, 12:25 pm

1 Answer from Attorneys

Philip Rosmarin Rosmarin Law Firm

Re: Drug testing.

Absent a compelling safety or job performance rationale, probably all you need to drug-test your employees is extremely deep pockets: employees who've sued for invasion of privacy have won lawsuit awards of upwards of $500,000.

If you have an employee performing sub-par, what's the point of a drug test to see if that's why they're performing sub-par? Colorado is an at-will employment state; you can fire the person for poor performance, and save the drug issue for Sunday School.

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Answered on 8/04/08, 12:39 am


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