Probably not at first!
Minnesota has some of the strongest protections for employees when it comes to drug and alcohol tests. Sometimes the drug test itself might be illegal.
When can an employer drug test me?
An employer can legally test you:
before you start a job (so long as you received a conditional offer of employment)
if there’s a “reasonable suspicion” you’re under the influence of drugs or alcohol
if you got hurt on the job
if you were in a work-related accident
if you caused a work-related accident
When is it illegal for an employer to drug test me?
An employer cannot:
drug test you if it doesn’t have a written drug and alcohol testing policy
randomly drug test you if you don’t work in a safety-sensitive position
drug test you without any rational basis to do so
drug test you without you first signing an acknowledgement about its policy
Can an employer fire me after a positive drug test?
Not if it’s your first failed test.
If you failed a drug test for the first time, then your employer needs to offer you the chance to attend drug or alcohol counseling or rehabilitation (at your own expense).
However, your employer can fire you if you refuse counseling or rehabilitation, or if you fail another drug test after participating in rehabilitation or counseling.
What if I have questions about my employer’s drug testing? Or what if I got fired after taking a drug test?
Minnesota’s drug testing laws are complex, but usually helpful to employees. In other words, it’s very easy for employers to break the law when it comes to drug and alcohol testing.
You are welcome to book a free, 20-minute consultation with an attorney at Haller Kwan LLP by clicking this link.
