Legal Question in Employment Law in Illinois
what if an applicant you made a verbal job offer to took a drug test without signing a consent form in the state of IL. The results came back negative.
Asked on 4/13/12, 6:27 pm
1 Answer from Attorneys
Walter Palmer
Law Office of Walter Palmer
There should have been a consent form signed, but no court will hear the case if there were no consequences. If the results were negative, you will not get a day in court.
If a statute was violated liability is strict because the legislature has in essence said that there is harm in violating the law. In civil law, there has to be measurable harm (damage). Drug tests are usually non-invasive, so the standard of consent is much lower.
Answered on 4/15/12, 9:04 am