Question:

Does a employer have to make a employee take a drug test if customers complain saying he does drugs?

by Guest33968  |  earlier

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if someone works at a gas station, and hes 17, and you know he does drugs, does the employer have to make the employee get a drug test if customers complain saying they have seen him doing drugs?

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  1. Depends. If they employee signed a waiver (at the beginning of their employment) that says the employer reserves the right to drug test randomly, then the employer can do whatever he/she wants.

    If not, it could be considered an invasion of privacy.


  2. No.  It is up to the employer to decide when and wether to administer drug tests.  

  3. Does the employer "have to"?  No, there is nothing obligating the employer to substantiate customer complaints by requiring the employee in question to take a drug test.  At the same time there is nothing stopping the employer from asking that the employee take one.  The employee doesn't have to take it if asked to, but he can be fired for not doing so unless he's got a union to back up his decision not to.

    Honestly, if I owned a gas station and I had customers reporting that they witnessed an employee doing drugs on the job, I wouldn't mess around with a drug test, I'd just let him go.

    Added:

    After reading your additional details... get over it.   Don't you have better things to do that trying to get people fired?

  4. Not really! In that case anyone can walk up and say they know you do drugs.Most company do ransom drug test anyway so why would you take the chance knowing that they do.

  5. A gas station attendant is not a mandatory test subject.

    It is the employer's choice, as it is the employer's financial burden.

  6. They can't make him unless they have a random or mandatory drug testing policy in place.

  7. If an employer got a report of drug use by an employee (especially at a store that sells things like gasoline) and took no action, they would be opening themselves to major legal problems.

    On the other hand, accusing someone of drug use just because you don't like them carries it's own risks.  

  8. Here is what I think: Every Employee has different Business Policy, but you do have a right to not take the test, but if you don't you may lose your job but then again, you are losing your job regardless of whether you take the test or not! So, just get a different job!


  9. No, an employer doesn't "have to" make anyone take a drug test for anything.  If a customer complains and the employer takes their word for it without evidence or proof, that employer and that customer could be taken to court for slander should a drug test be taken and comes up negative BUT should they take the test and it comes up positive, then that person deserves to be terminated.

    It's just good business.

  10. No the employer can run their business how ever they like. Also, you don't say anything that sounds like they use drugs. You sound pushy and I would be rude to you too, doesnt mean I do drugs

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