Legal Question in Employment Law in Pennsylvania

Drug Testing

Company just instituted a new drug policy.

Question: within the policy its states the company has the right to random check any employee to take the drug test and search his or her bags, wallet, office, pockets, company car and etc for drugs/alcohol.

They are asking all the employees to sign a form stating the above and if we decline to sign than the company has the right to terminated your employment. Especially, since majority of the employees has been there for over 5 yrs.

Also once you decline, is there a time limit on when they can terminate you? ex: if the form is due Sept 1st and they have not fired you yet can they come back and inform you later on?

This is legal in this state Penn? Don't you as the employee has right too?


Asked on 9/29/06, 7:58 pm

1 Answer from Attorneys
Matthew Kelly Kelly Law

Re: Drug Testing

Unfortunately, yes (assuming you do not have an employment contract). Pennsylvania is an at-will employment state which basically means an employer can terminate an employee's job for any reason or no reason at all in the absence of a contract (employment agreement) that says otherwise. If you do not have a contract for employment, and fail to adhere to the requirement, they will be able to terminate you at whatever time they want after the deadline passes. Whether or not you would be able to collect unemployment is another matter and I would need more facts to answer.

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Answered on 9/30/06, 8:54 am


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