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questions regarding drug screening

Discussion in 'Marijuana Consumption Q&A' started by kluender, Oct 31, 2014.

  1. I recently applied for a county job in a judicial commissioner's office. The posting is no longer on the county website, so I can't see if it said anything about a drug test. Some on the website do, but most don't. I usually check to see if they say anything before applying, because I don't want to was anyone's time. The .pdf  attached to the job listing on their site says nothing about a drug screening.
    Anyways, I was offered the job last week. I started this Tuesday. Then worked part of my shift Thursday and was told to go to the county HR office. When I filled out my paperwork there was drug screening papers in there. Then had to immediately leave from there to go take the drug test. Needless to say I'm pretty sure I'm gonna get the fail results back.
    My questions are is it legal to offer someone a job that they've worked, then add the contingency that it's based upon passing the drug screening. Is there anything I might be able to do to still have the job even if I fail, other than agreeing to pay for my own testing down the line or something? It's only a part time job, so I can't justify shelling out 30-50 dollars a month on drug tests, and I don't want to stop smoking.

  2. #2 kluender, Oct 31, 2014
    Last edited by a moderator: Oct 31, 2014
    I realize there is a thread about drug screening, but my question isn't about the test, so much as it's about what happened. Mods feel free to move this to the pinned topic if needed.
  3. #3 wafdof, Oct 31, 2014
    Last edited by a moderator: Oct 31, 2014
    You have no legal basis and no recourse.  The employer sets the terms for employment and as long as it follows USC state and federal laws they can offer you a job and fire you based on failing a drug test.  Most jobs hire on an initial probation and can legally fire you for basically anything without recourse.  They don't have to tell about having to pass a drug test I think as a county job it is probably posted as a general rule for all employees.  In the future I suggest you ask if there is a drug test involved to save everyone time and trouble since you do not want to stop smoking weed.  You need to keep in mind many of those jobs that test on initial hire do not test later at all.  I am saying that because if that is the case you can quit to get a good job and fire right back up after I know a drug test is not likely then have an option if it does.
  4. That's what I figured. I was just so excited about the prospect about getting a job in what I went to college for that I guess the fact I didn't see anything didn't compel me to delve further. I generally do not apply for jobs that drug test, I do have a cleanse kit though for when I did. This literally just popped up though. Thanks for your post.

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