Legal Question in Employment Law in Virginia

Hello, I work for the salvation army and I'm fo rced to take a Breathalyzer. Every morning before I can enter the building. Is this legal? I'm not a driver and I do not operate any heavy machinery. This all started because at a public water park they held a company picnic and I got intoxicated while there. The picnic was on Sunday so on Monday morning my supervisor was waiting for me at the door and demanded that I take a Breathalyzer. I blew a .02 and was terminated, because of alcohol left in my system from previous day. I have since been rehired and I'm forced to take Breathalyzer test each morning. Recently I blew a .01 due to mouth wash and was about to be fired again. I feel like this is an invasion of my privacy and it just doesn't seem right that I can't have a beer after work furthermore I can't even rinse my mouth with mouthwash in the morning. Please let me know if what they are doing is legal.

Asked on 3/06/13, 7:09 am

Michael Hendrickson Law Office Michael E. Hendrickson

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0 attorneys agreed

Yes, under the particular circumstances you've described, I believe that it is.

(My opinion)

Answered on 3/06/13, 9:16 pm

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