Legal Question in Employment Law in Tennessee

Employment drug testing and termination

I am a preschool teacher. My school is located in a church, and the church is technically my employer. Because we work with very young kids, there are two of us (teachers) in the room. Several months ago, we were all asked to sign a form agreeing to be drug tested. My coworker told our director she would not sign, and she never did. She never heqrd anything more about it. Recently we were tested randomly (7 out of about 20 employees), and my friend was chosen. She refused. Eventually she was told she would be terminated if she did not take it, so she submitted a sample. She tested positive (I don't know for what-probably marijuana)and today she was terminated. My question is...because she never signed the form consenting to the test, is this termination legal? I'm guessing it is, since she did submit to the test by taking it. Just wondering. She is an other wise outstanding employee.


Asked on 1/22/07, 6:21 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Employment drug testing and termination

The drug testing is probably legal and the termination is most likely legal. It is a little suprising that the employer did not fire the employee when she refused to sign the consent to test form.

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Answered on 1/23/07, 10:07 am


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