Legal Question in Employment Law in New York

Re: Random breathalizer tests

While it might seem to be an invasion of privacy, because New York is an "at will" employment state, unless you are a Union member or have a contract to the contract, your employer can terminate your employment for any

non discriminatory reason.

He cannot use this as a pretext however, to

terminate a "class" of employees, as opposed to another.

Make sure he is aware that these tests don't only guage alchohol in the blood at the instant they are given but have a time factor involved.

Re: Random breathalizer tests

Assuming that you are not a member of a union, and not subject to a collective bargaining agreement, and assuming you do not have an aemployment contract addressing the issue, the owner is within his rights to demand the testing you describe. You are within your rights to refuse, but if you refuse, the owner could decide to fire you. Your right to compensation would be limited to unemployment insurance should you be terminated.

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