Legal Question in Employment Law in Virginia

Can a company require random alcohol screening after a person voluntarily completed a substance abuse treatment?

I recently completed a substance abuse rehab on a completely voluntary basis for a drinking problem. No drug abuse involved. This was not disiplinary in any way. This was a personal decision. I was, of course, forced to ask for extended sick time and was honest as to why. They now require me to do random breathalizer tests for a year, even on my own personal time/days off . This doesn't seem legal. More than that, it feels like a violation of my rights, maybe even discriminatory.

I would have no problem with this if the rehab had been work-referred. I would have no problem if the screening was only on the days I work. I would have no problem with it if it involved illegal drugs or the courts. My fitness for work was never a question. It didn't involve drugs or the law. It was voluntary. Thanks.


Asked on 3/18/10, 5:58 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Virginia is a so-called employment at will jurisidction and unless you're working

under the protection of a contract or CBA(Collective Bargaining Agreement) that would prohibit such tests, it would be my estimate that your employer can require that you comply with these randomized alcohol screenings and that if you refuse, that they could fire you with impunity.

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Answered on 3/23/10, 6:32 am


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