If a client of the company you are contracted to requires a drug test, can they force a w-2 contract worker to submit to this?

UPDATED: Oct 1, 2022

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If a client of the company you are contracted to requires a drug test, can they force a w-2 contract worker to submit to this?

I work as a W-2 contractor for a fiber company in Texas. I submitted pre-
employment drug screening and background check information before being hired
now 3 months ago. The company I am contracted to has picked up a new client and
this client is requiring a new submission of a drug tests and background checks.

I do not know how co-employment necessarily works but if I am legally obliged to
take this test, do I not count as an employee of the fiber agency itself given
that this client does not have a relationship with my contracting company?

Asked on February 21, 2018 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, this would not make you an employee by itself. A company can require ALL persons performing work for it to undergo drug testing (or meet any other criteria) in order to work for (or if already working for, to continue working for) them: remember, they do not have to hire or use *anyone*, employee or contractor, who does not satisfy their criteria, and unless you have a written employment agreement or other written contract which commits them to employing you, they can at *any* time tell you to take a test or otherwise meet certain criteria or they will no longer require your services. Requiring you to meet certain criteria does not itself create an employer-employee relationship.

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.

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