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QUESTION regarding employer drug testing. Help, please?

Discussion in 'Apprentice Marijuana Consumption' started by ChuckBuk, Feb 9, 2011.

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  1. #1 ChuckBuk, Feb 9, 2011
    Last edited by a moderator: Feb 9, 2011
    One of my good friends/co-workers has just been told he needs to take a drug test before moving from third shift to first shift. There have been no accusations or suspicions, but they're making it a condition, and I'm afraid if he backs out of the shift move, they'll take that as an admission of smoking pot. Then they'll demand a test, and he'll lose his job.

    Anyway, my question is this. I'm not sure if anyone here will know. Can an employer just do a pop-quiz style drug test, with no warning or just cause? He passed his initial employment drug screen years ago, and has done nothing out of ordinary at work since. This test is happening in just a few days probably, and he's a heavy and daily smoker. So getting clean is pretty much out of the question I think. Any info, friends? I don't want to see my homie lose his job :(


    EDIT: They want him to move to first shift next Monday, so the drug test would definitely be before then.:mad::mad:
     
  2. #2 bmoney8806, Feb 9, 2011
    I know alot of businesses around my location that can do pop test if you want to call it that. I am in an employement at will state and they can fire you at any time for any reason.
     
  3. #3 ChuckBuk, Feb 9, 2011
    Yeah they can fire for no reason in my state, also. I was thinking that maybe employers had to inform all employees that they were a "random drug testing" business. Maybe I'm wrong. Either way, it's gotten me and a few other work friends a little shaky about smoking. Like maybe they're going to do a crackdown soon or something. They'd lose at least half their workforce if they fired all the stoners. But just to be safe, I'm finishing up the last of my green right now, and then I'm gonna take a break and see what happens in the next few weeks. Thanks for the reply :)
     
  4. #4 Cubs Guy17, Feb 9, 2011
    Thats not good man. Good luck to the homie
     
  5. #5 ChuckBuk, Feb 9, 2011
    LOL, nice profile pic btw. I love it when he brings the pizza to class and the teacher gives every piece away to the rest of the class.
     
  6. #6 GutteralShiva, Feb 9, 2011
    If "your friend" Has no time to get clean just have "them" say they can't change shifts because school/transportation issues/etc.
     
  7. #7 SIRSOG, Feb 9, 2011
    Your friend probably signed an agreement when applying that said "we can, and reserve the right to drug test for pre-employment purposes, or at any time deemed necessary by the employers during the term of employment" just like 99% of ANY jobs make you do to make sure they can drug tests whenever they want

    Most places ive worked i had to sign one, but ive never had to piss in a cup yet so....
     
  8. #8 PostPavilion, Feb 9, 2011
    Of course they can arrange for him to be tested at any time. He's going to have to come up with a good excuse why he can't make the shift change. Family situation, etc. If he can pull it off I don't think they would test him for staying put.
     
  9. #9 HippyAmnesic, Feb 9, 2011
    Fake Urine if he wants any chance to take it? Or get someone who doesn't smoke and use their pee.

    It really pisses me off when people do this, I honestly see it as discrimination as you dont get 'alcoholic' tests or whatever, and we all know the impact of smoking weed while having a job is minimal
     
  10. #10 SIRSOG, Feb 9, 2011

    IF he didnt sign something saying they can, they technically cant just make him take a drug test, but they can totally fire him for a thousand unrelated reasons if they deny lol.
     
  11. #11 Cubs Guy17, Feb 9, 2011

    [​IMG]
     
  12. #12 ChuckBuk, Feb 9, 2011
    Man, it's not me. Don't be an ass about this. It's not always someone too afraid to admit that it's them. In this case, it is actually my friend.

    So anyway, to anyone who cares to believe what I have to say, my friend is actually a member of these forums. And yes, myself and several others suggested that he use the excuse that he only has one car and go onto the same shift as his girlfriend since they both wouldn't be able to get to their jobs.
     
  13. #13 WeedBratton, Feb 9, 2011

    This! You're friend agreed to this, bad news bears for him.

    The only way we can stop employers from drug testing employees is by refusing to work for firms that do so, and working together to stop this from becoming standard fair. The problem is that refusing to work for places that will drug test you is quite impractical. Perhaps one day, what a man does on his own spare time won't be the business of his employer.
     
  14. #14 PostPavilion, Feb 9, 2011
    Sounds like he has the sort of employer that would though, most employers sneak a drug policy form under your nose during the hiring/on-boarding process at some point.
     
  15. #15 SIRSOG, Feb 9, 2011

    Most employers realize whether or not they sneakily made you sign it, they have the right to fire you for whatever reason they want even if they didnt make you sign it. So even if you didnt, and they were like... piss in this cup bitch, and you denied, while you legally dont have to, they could just say your performance was shit and fire you, which leaves you out of luck hahahahahaha
     
  16. #16 ChuckBuk, Feb 9, 2011
    Sirsog: See the thing, we're pretty sure that wasn't in our paperwork we signed upon being hired. I always read that stuff word-for-word. It annoys them usually, lol. But we shall find out for sure, soon.

    Postpavilion: Yeah, he's got a pretty good story worked out, so we're all hoping he slides through this without becoming jobless. They fired another guy a while back the instant they saw his name in the police blotter for driving on pills/weed, and possession of pills and weed. They demanded a drug test based on the police blotter, or refuse the test and be fired. So he refused :( They didn't even wait for him to be convicted or anything. He was fired like 6 months ago, and he still hasn't gotten through court.
     
  17. #17 ChuckBuk, Feb 9, 2011
    If they did fire him for some b.s. reason and and he could provide proof that they did fire him because he refused a pee test, couldn't he fight it in court? I don't know, I'm just grasping at straws to save his sorry ass, lol.
     
  18. #18 SIRSOG, Feb 9, 2011

    Hahaha yea, he could, but the employer would probably ask orally, leaving no proof, then would need no proof to say the person was a lousy ass employee. Give you a 2 weeks notice, and let you go. Sucks here in CO they dont have to give you notice, they can just call you and fire you on the spot...fucking lame
     
  19. #19 ChuckBuk, Feb 9, 2011
    Yeah, it seems he's in a very tough situation no matter what. The funny thing is, our supervisor offered my friend his own clean urine sample if he wanted it. The place I work is just crawling with stoners, haha.
     
  20. #20 WeedBratton, Feb 9, 2011
    Based on what state you live in, your friend can take this court and will probably win unless it's against some massive corporation. Wrongful Termination suits are quite common.
     
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