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Pre-employment Drug Testing laws in California California

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  • Pre-employment Drug Testing laws in California California

    What are the laws in California relative to pre-employment drug testing?

    What is the impact on a company when an applicant has completed a drug test without signing an offer letter.

    Please let me know asap.

    Thanks.

  • #2
    Given that there is no legal requirement that an employee sign an offer letter in the first place, I'm not quite sure what you're looking for.
    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.

    Comment


    • #3
      Originally posted by cbg View Post
      Given that there is no legal requirement that an employee sign an offer letter in the first place, I'm not quite sure what you're looking for.

      If ADA allows a drug test only after an offer of employment has been made (stating that employment is contingent upon drug screen results), how bad it is if an employee completed a drug screen without signing an offer letter?

      What are California's Laws relative to pre-employment drug testing?

      Thanks.

      Comment


      • #4
        Once again, an employee is not required, in CA or any other state, to sign an offer letter. So whether they have or have not done so is irrelevant to the law. CA has no laws that I can find that directly address pre-employment drug testing.
        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.

        Comment


        • #5
          All my reference says is Ca. has no state statutory prohibition against drug testing of applicants or employees.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            Let me put it this way. We discussed with a temp employee (w/an outside agency) about an offer letter for a full time position that we will extend to her when she comes back from a vacation. In the mean time we scheduled her for a drug testing, which she completed. However, when she came back from her vacation we found out that she was gone oversees for her engagement and that her fiancee does not intend to join her in the States. We are not happy about this and may not intend to extend her the offer letter anymore, but she can very well work through the agency until her situation will clarify. She is disapointed that she already completed her drug screen test, and that we based our decision on her marital status.

            Here marital status has nothing to do with the decision, it's that she intends to join us for a short period of time, then leave the company, because her fiance oversees is not joing her in the States.

            What do you have to say about this. How exposed are we, or what could be the consequences. Or, are ther any consequences to this?

            Thanks so much.

            Comment


            • #7
              How do you know that she plans on leaving to join her fiance? I have had employees whose spouse lives overseas (not my idea of marriage but I guess it works).

              Also, every person you hire could potentially leave shortly after hire. If you know for a fact that she will leave the US to join her spouse, how far in the future is that?

              Comment


              • #8
                She confessed to an HR employee vian email. This should be sometimes next year.

                Comment


                • #9
                  Let me ask you this question. Did you give her anything (whether she signed it or not) or make any statements that would suggest that the job was hers contingent on a successful drug test?
                  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.

                  Comment


                  • #10
                    No, absolutely not.

                    Comment


                    • #11
                      Then I don't see that the drug test or her marital status have any bearing on this issue. As long as you can show that you would have declined anyone who had declared up front their intention of only remaining for a short time, I'm not seeing a problem for you if you decide to go another direction.
                      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.

                      Comment


                      • #12
                        I don’t see why you can’t extend her the employment opportunity even when you know that she will likely to leave after a short time, this would happen too for any new hire.

                        I just don’t see any complication of hiring her.

                        Comment


                        • #13
                          I agree with cbg, in this case, I don't see a problem if you decide not to extend
                          an "official" offer of employment to her. It's your decision.
                          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                          Comment


                          • #14
                            While I agree with Droopy that I also don't see any particular LEGAL issue if you choose to hire her (or not hire her), I also recognize that you might not want to incur the expenses of bringing on an employee that you KNOW will be a short termer and who will eventually have to be replaced. While it is true that any new hire MIGHT be short term, it's one thing to be aware of that possibility and another to hire someone that has already told you she is not in it for the long term.

                            Bottom line, this is really not a legal issue either way. To hire or not to hire; up to you.
                            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.

                            Comment


                            • #15
                              Thank you all so very much.

                              Comment

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