Know Your Rights
Examine State Laws Regarding Drug Testing Policies
Every state has different policies regarding drug testing. These laws mainly deal with how current employees and new applicants are allowed to be tested. Usually, an employer is allowed to legally administer tests if they have given proper notice and a state-run laboratory administers the test. Everyone has to be tested the same way. We have more info on our homepage about TestClear. The fact that a drug test needs to be administered needs to be clear from the start if you are applying for a job. Most of the time, an employer can not give blanket drug screens or random drug tests. However, they are often allowed to test the employee if they have reasonable suspicions that the employee may be using. This will often include short work and erratic behavior (all the more reason not to use on the job).
Get a Second Opinion
If you have the chance, ask for another test. No drug test is 100% accurate every time. Although the least accurate are urine tests, all of them have their weaknesses. If you end up failing a test, be sure to use this to your advantage. There isn’t any harm in disagreeing with results, so say you disagree and want to take it again.
Although an employer has every right to fire you if you fail to pass a test (as long as they have followed state laws), you could challenge it if you believe it wasn’t administered properly. Check the company’s policy along with state laws to make sure they match up. If they don’t, you can have the results thrown out and have the opportunity to do it all over again. Some places to start would be making sure the lab that analyzes and administers the test is run by the state, ensuring that your employer gave you enough notice about the test, and making sure that your privacy wasn’t invaded to an unreasonable degree (such as having to urinate while someone is watching).