Legal Question in Employment Law in Wisconsin

Alcohol drug test

I recently took a drug test to work for a paper mill, as an intern for the summer. I was unaware that I was being tested for alcohol in my urine sample. I went out on my last day of classes at college and had a few beers. At 8:00am I went to take the drug test. The results showed ethanol in my urine sample. When I woke up in the morning I didn't want to urinate because I had to pee in a cup in 15 minutes, so alcohol showed positive. Is it legal for them to deny me employment because I had enthanol in my urine on my own free time? I can see if I was at work and was drug tested, because of safety reasons. But I was not at work. And I am 23 years old. They won't allow me to take another drug test. Is all of this legal?


Asked on 5/15/99, 11:42 am

1 Answer from Attorneys
Dymond Steven Steven H. Dymond P.C.

Re: Alcohol drug test

While I offer no legal opinion, as I am a Colorado lawyer, consider the follwing:

the company has a right to test for drugs and alcohol. They hav ethe right to have employees free from such substances while on duty (unless otherwise prescribed). The fact that you still had this in your urine at the test time may or may not indicate that you were in any way affected. I would ask them why you were not hired, and if they indicate because of the test, ask why you were not told that you could not drink the night before. You may file a claim against the company if they did not hire you because they percieved you as an alcoholic, and if your state has a law prohibiting interference with lawful off-duty conduct as well. Good luck.

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Answered on 5/21/99, 1:18 pm


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