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Recently my boss (whom I have been working for the past 2 years)

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Recently my boss (whom I have been working for the past 2 years) asked me to take a drug test. When it came back, it came back as a failure. I told him that I had spent my break in Denver, but he refuses and says that I am due to get fired.

He was aware that I was going to Denver to see my cousin, so this is no surprise. But I wonder as to if it is legal for him to do this? I mean, weed is legal there, after all. For those curious, I am a Computer Engineer.
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>>18007367

sorry bud, hope you can find another job quickly.
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>>18007367
Does your boss have the legal right to make an employee take a drug test? Are you operating on a nuclear sub or something like that?
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>>18007367
>A white collar employer doing drug tests

You must have showed up stoned several times at work. Other than that i cannot think of a reason why they would drug test you.

I have never been subjected to it or heard of anyone being subjected to it. I work in the it field.
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>>18007392

Plenty of companies have mandatory drugs tests. Especially ones related to heavy machinery.

Though, it should normally be included as part of the employment contract.

You'll want that. Most places have laws that will allow you to force the company give you copies of everything they have on you, including your employment contract.

Here in the UK it's the Data Protection Act, I think it's the Freedom Of Information act over in America. Look it up.

Read through the contract. There may be clauses saying that the drug involvement must be investigated first (can't help second-hand smoke, for instance), there may be appeals, or re-tests for false positives.
Alternatively, you could have pretty much sold away your rights and it just literally says "positives = FIRED" - which to be honest could still be challenged (get a union rep) under the issue of false positives (you'd get a re-test then + it sounds like you've already confessed with the whole Denver thing so this is no good), or the clause that you were essentially drugged with second hand smoke, and had no choice in the matter. If this is the case, they might ask why you had not disclosed this - you can say whatever you want, "it was so long ago that it slipped my mind". You'd only really need to disclose it if you were not fit for work, and as you were on vacation there would be no cause for it.
They may try to say "You are not fit for work", but the burden of proof goes onto them to prove that either you have an addiction, or that you have been high while working.

You can argue this into a probationary period with more mandatory drug tests. It would be less effort for them to sit around arguing day after day with union reps. It's a compromise and shows that you're not a risk (so long as you stay off drugs).

That's a deal you want to make. Prove you can stay off the drugs with a probationary period, and you don't get sacked.
Better than union fights and potential lawsuits.
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>>18007405
I have only ever used drugs when it was legal to do so. My co-workers often have a running joke that IT employees are just like us engis, only smart enough as to have not been suckered into the extra school.
>>18007392
I guess my job is somewhere up there in importance, but I can't say exactly what it is.
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>>18007424
Computer Engineers don't have union reps
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>>18007435

Why not?

Just because it isn't manual labour, doesn't mean asshole management won't screw you.

If you can't get a union to represent you (that's some grade A bullocks right there, mate. Seriously...), find a law student a pay them to look at your case as a "paralegal".

Cheaper than an actual lawyer, they get work experience + references and will fucking argue to the goddamn death with the boss.
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>>18007435
They do, but not in america maybe.
They do in sweden for example (called sveriges ingenjörer). I think its commonin most western countries except in the land of the free.
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>>18007367
What kind of test was it?

Pee tests and the like do not test for active substances in your system, just left over metabolites. They can not be used to test if you were under the influence, just if you have used recently.
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>>18007367
That sucks, OP, but the fact is that pot is still federally illegal no matter what state you're in.

>>18007424
Probably your best bet.

However, you may also wish to consider the following question: "Why am I working for this asshat, again?"
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Did he ask you to take it on the spot or was it scheduled?
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>>18007367
Did you eat anything with poppy seeds in it? Those contain enough opium to show on urine tests.
Thread posts: 13
Thread images: 1


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