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Positive pre employment drug screen California

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  • Positive pre employment drug screen California

    We do oral drug screens for all candidates before they start working.
    One recent candidate tested positive for Meth, and was denied employment with our company. He requested to be sent to a clinic since he said those oral tests don't work, and he disputes the results. Are we required to comply to his request? These tests have proven very reliable in the past, and seem like an extra expense on our part.

  • #2
    I can't find anything in CA law that requires you to comply with his request. Nor would you be required to hire him even if you did and he was clean.

    Megan? Any thoughts?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      As long as you are consistent with your policy (either everyone gets a second test or no one does) I don't see a problem.
      Megan E. Ross, Esq.
      Law Offices of Michael Tracy
      http://www.gotovertime.com

      Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

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