what kind of lawyer would you need to fight an employer drug test

If you are concerned about a drug test by your employer or you have an incorrect positive test result, you need a Florida workers’ comp attorney immediately. An experienced Fort Lauderdale workers’ compensation lawyer can help you prove the drug test was incorrect so that you can begin receiving your benefits again.

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What are an employee's rights when undergoing drug testing?

You can always contest the result of a drug test, which is sometimes unreliable. A false positive drug test result may be caused by some legal substances. If you've been denied of your benefits as a consequence of a failed drug test, an experienced Employment lawyer from LegalMatch can help you! Call us now.

Should you take drug testing seriously when hiring?

An employment lawyer familiar with drug testing laws in your state can assess whether or not your employer acted legally in testing you and in its response to the test results. And, the lawyer will analyze whether or not the employer conducted the drug test properly.

Do you need a lawyer to implement a drug-free policy?

Nov 07, 2021 · This is why you need a workers’ compensation lawyer. Your employer and insurance provider will try really hard to prove that your injury is caused by intoxication or drug abuse. An experienced workers’ compensation lawyer can help you prove otherwise and get the benefits you rightfully deserve.

Can my employer drug test me for workers compensation?

If your employer for some reason doesn't believe your explanation of the positive result, and your retest comes up positive again, it's time to talk to an experienced employment lawyer about the best way to protect your rights. Some states have adopted required appeal or testing procedures for employers who test for drugs.

Who can assess if an employer acted legally in drug testing?

An employment lawyer familiar with drug testing laws in your state can assess whether or not your employer acted legally in testing you and in its response to the test results. And, the lawyer will analyze whether or not the employer conducted the drug test properly.

Why are drug tests not able to distinguish between intoxication, current drug use, and drug use in the recent

As noted above, drug tests are not able to distinguish between intoxication, current drug use, and drug use in the recent past because the tests simply show some marker that the person tested has ingested a drug at some time. Markers for certain drugs stay in the blood stream longer than others.

What happens if you don't get hired?

If you weren't hired or were fired because you failed an employer’s drug test, you may have legal challenges to the test or to any actions the employer took based on the test results.

Why is Gina used for drug testing?

Because drug tests take samples from a person's body that may contain genetic information that would reveal disabilities, susceptibility to certain diseases, and other confidential medical information, GINA bars employers from gathering and using genetic information to screen out certain employees or applicants.

What happens if you fail a drug test?

If you fail one of those drug tests, you can be suspended or even fired in many states. In some circumstances, it makes sense to hire a lawyer if you experience any adverse employment action as a result of failing a drug test, particularly because drug testing law is complicated and varies from state to state.

Can an employer refuse to hire someone who tests positive for THC?

As of this writing, most courts have decided that employers can refuse to hire an applicant who tests positive for THC. But because legalization of marijuana is a relatively new development, employees and employers will undoubtedly be filing new lawsuits to ask courts to determine if an employer can fire or otherwise punish an employee ...

Do drug tests show current intoxication?

Drug tests do not merely explore a person's drug intoxication: Tests themselves are invasive (often involving the taking of a urine sample), and the results do not merely show current drug intoxication but can reveal off-duty drug use. Some states view such measures as possible violations of employees' and applicants' right to privacy. An employment lawyer in your state should be up to speed on all of these aspects of the law that may be implicated in your drug test.

What happens if an injured worker refuses to submit to a drug test?

If the injured worker refuses to submit to a drug test, it shall be presumed in the absence of clear and convincing evidence to the contrary that the injury was occasioned primarily by the influence of drugs.

What happens if you fail a drug test in 2021?

But if you fail a workers’ comp drug test, getting your benefits might not be that easy. In most states, workers’ compensation is a no-fault system. Meaning, you can claim benefits if you got hurt at work no matter who is at fault.

Is it legal to have a drug test before you get workers comp?

If your employer is implementing a drug-free workplace, drug testing is usually a routine. In the case of workers comp claims, it’s perfectly legal for your employer to require drug testing before benefits are granted.

Learn what happens to you and what your rights are when you have a false positive on a drug test for work

Learn what happens to you and what your rights are when you have a false positive on a drug test for work.

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What Drugs Can My Employer Test For?

Employment drug testing regulations allow testing for all drugs and alcohol as well. Nowadays, many employers require employees to submit to a drug test both before and after they are hired. Most employers use urinalysis to test for five classes of illicit drugs:

What Happens If I Fail an Employment Drug Test?

Each state or municipality has its own rules regarding drug testing in the workplace and the consequences for failing or refusing a workplace drug test. If a person fails a pre-employment drug test, the company may refuse to hire them.

Can Employees Who Use Medical Marijuana for a Disability Be Terminated?

Generally, even if the recreational use of marijuana is legal in the state where a person lives, a person can be fired for using marijuana on the job. The same is true for alcohol; alcohol is legal but a person cannot drink alcohol at their place of employment.

Are There Any Exceptions or Exemptions for Medical Marijuana Users?

In a case in Massachusetts, a court reportedly suggested that an employer may not necessarily be able to terminate the employment of an disabled employee who uses marijuana for medicinal purposes.

What Rights Do Employees Have?

Generally, employees have precious few rights when it comes to drug testing in connection with employment. For the most part, they have the right to take a test if the employer wants to test them and to accept the consequences of the test that the employer administers.

Do I Need an Employment Lawyer?

An experienced employment lawyer can advise you about the law in the state in which you live. A positive drug or alcohol test can have a number of strongly negative consequences on an employee, including termination of employment and possibly denial of unemployment or worker’s compensation benefits. It is a good idea to know the law in your state.

What is the law that allows employers to test for drugs?

The major federal law governing the use of drugs and alcohol in the workplace is the Drug-Free Workplace Act of 1988. This Act basically states that any employer who receives federal grants or contracts must be drug-free, or it risks losing the federal funding. The Act does not, however, contain any provisions that specifically allow for workplace drug testing.

Does the Drug Free Workplace Act cover drug testing?

The Act does not , however , contain any provisions that specifically allow for workplace drug testing. In addition to the federal Drug-Free Workplace Act, other federal laws also touch upon and concern drug use in the workplace, such the Americans with Disabilities Act (which classifies alcoholism as a protected disability) and ...

Does Alaska have a drug test?

For example, Alaska has no mandatory drug-test ing laws, but does have voluntary drug-testing laws that employers must follow if they choose to conduct drug testing of job applicants or employees. In many states, employers have the legal right to test job applicants for drugs or alcohol, provided that the applicants know that the testing is part ...

Can an employer pick and choose which applicants it will test for drugs or alcohol?

In other words, an employer cannot pick and chose (based upon educational experience, demeanor, looks, or any other characteristic) which applicants it will test for drugs or alcohol. The employer must treat all applicants for the same job in a similar manner.

Is pre employment drug testing legal?

Pre-Employment Drug Testing Laws. Many private and public employers attempt to test prospective employees (and employees already on staff) for drug and alcohol use. Although increasing in popularity among employers, such tests are not always legal. The following discussion provides information on when ...

What Is an Employee Drug Test?

Employee drug testing is used to assess if prospective or current employees use illicit substances or abuse prescription medicine. It is common for employers to require prospective employees to pass a drug test before being offered a job. These tests screen for drugs such as but not limited to:

Why Should You Require Employee Drug Testing?

First and foremost is workplace safety. If your employees work in high-risk occupations, pre-employment drug tests can mitigate potential workplace incidents and will protect you, the employer, and keep your employees and the public safe.

How Is Testing Conducted?

The most common employment drug tests are urine tests. Urine testing has a reasonably short window of detection, with substances remaining detectable for five to ten days. An alternative is testing hair samples where drug tests can detect substances for up to 90 days.

Is Employee Drug Testing Legal?

Yes, employee drug testing is absolutely legal. The legislation around employee drug testing is ever-changing and varies from state to state. Employers will need to familiarise themselves with their state laws and should consult legal counsel regarding building an employee drug testing policy and compliance.

Employee Drug Testing

Employee drug testing is legal and can be an important workplace safety and risk mitigation process for many employers. Not only will drug tests mitigate risks but it will also save you business time and money. If you liked this article on employee drug testing, make sure you check out our business blog page.