Dave Scher on Drug Testing in the Workplace

Uploaded by TELGLawfirm on 23.10.2012

Hello my name is David Scher and I am an attorney at The Employment Law Group. Today I want
to talk about the recent press releases regarding Lance Armstrong. As you probably know, Lance
Armstrong came out in the press and stated that he would no longer contest the charges
of drug use against him and instead he stated that the statute of limitations has expired
and that the agency pursuing the matter has no jurisdiction over him and therefore there
is no point contesting the charges. This case involving Lance Armstrong brings up two important
points with respect to employers. The first question is, what is the employers right to
investigate you for drug use or to have you engage in drug testing. And the answer is
that pre-employment, an employer can ask you to take a drug test to confirm that you are
drug free prior to starting employment. However, often times in the midst of employment, the
employer will ask you to take a drug screen, or ask you to sign a non-disclosure agreement,
or ask you to sign something that changes your rights in terms of conditions of employment.
When that happens you should probably contact an attorney because the employer cannot make
you change the terms and conditions of your employment without any consideration-without
paying you something or without some valid or legitimate reason. It would be appropriate
for you in that circumstance is to inquire as to why. What is the employers legitimate
reason for doing so and what concerns is the employer trying to protect. Like I said, it
is probably good when something like that happens for you to contact an attorney. The
second interesting issue that this brings up is the right of an employer to conduct
an investigation. You know many of our clients disclose fraud to their employer and ask their
employer to conduct an investigation. Of course that's proper but often times what we find
what is happening is the employer hires an investigator not to investigate the fraud
but to investigate you, the employee who has disclosed the fraud to try and find something
against you, to take you down, to impeach your own credibility in order to protect itself.
That isn't proper. And if that kind of thing is going on in your firm or you know that
is happening to you, you should do something about it and contact a lawyer. The attorneys
at The Employment Law Group can help you with exactly these situations. You can contact
us at www.employmentlawgroup.com. Thanks and have a great day.