Can an employer ask a candidate to perform a drug-screening and consent to a background check without a formal written offer of employment presented first?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an employer ask a candidate to perform a drug-screening and consent to a background check without a formal written offer of employment presented first?
A potential employer had me go through a series of five interviews. Recently this potential employer gave me a verbal confirmation that the position was awarded to me and had me undergo a background check, drug screening and non-disclosure agreement before presenting me a written offer.
Asked on June 17, 2015 under Employment Labor Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, the employer can, especially since there is nothing particularly important about a written offer of employment: a written employment offer can still be rescinded or modified, or you could be hired and promptly fired, because employment is employment at will unless there is an actual written employment contract. There is no real difference or distinction between an oral and a written offer; the only important distinction is between having a written contract and not.
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 AttorneyPages.com 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.