Legal Question in Employment Law in Michigan
Do all employers have a right to random drug test
I have worked in the transportation field as a dispatch supervisor for over twenty years and during all that time I have never been ask to submit to a random drug screen. For over three years I have been employed by the same trucking company as a dispatch supervisor (meaning I am responsible for 36 drivers and three dispatchers). During all this time I have never been ask to submit to a random drug test, but now all of a sudden this company wants to test everyone. I resent this request and feel it is an intrusion of my privacy. The company wants me to sign a paper stating I give them permission and that I also give permission for them to release any results to whomever they please. If I refuse to do this does this company have the right to fire me without probable cause? When I began working for this company drug testing was not part of their program. I have never given my employer any reason or cause to think I am a drug user, because I am not. I need to know if this practice is legal and what my employer can do to me if I refuse. I would also like to know if I refuse and they fire me, will I still be entitled to unemployment. This all appears to me to be another form of legal harassment and discrimination.
1 Answer from Attorneys
Re: Do all employers have a right to random drug test
Yes, the company can require you to take a drug test. It would be unusual for an employer to "release any results to whomever they please" and no lawyer would ever advise them that they could.
If you don't agree to be tested you may be lawfully discharged for insubordination which may disqualify you for unemployment benefits.
Further, if you are fired for refusal to submit to testing, the company may inform anyone who calls for a reference check that you refused.
It is also highly likely that a pre-employment drug test will be required by any future employer.
Be aware that your company's insurance carrier is probably responsible for the drug testing program. Since it's required of everyone, don't take it personally.
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