Can my job fire me for declining a random drug test?

UPDATED: Oct 1, 2022

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Can my job fire me for declining a random drug test?

I live in Pennsylvania. I declined
to take a random drug test at my
workplace home care agency. A
client’s family member said they
smelled marijuana or alcohol. I was
let go from my home care position
because of my refusal to take the
test. Are they allowed to do this?
I did not sign any paperwork
because I disagreed with the false
allegations. They also did not
require drug testing prior to

Asked on October 20, 2017 under Employment Labor Law, Pennsylvania


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unless you were afforded protection against such an action under the terms of a union agreement or employment contract, you were an "at will" worker. This means that your company could set the conditions of your employment much as it saw fit (absent dome form of actionable discrimination). This inlcuded the penalty for refusing a drug test. In fact, in such an employment relationship, a worker can be fired for any reason or no reason at all, with or without notice.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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