In Minnesota, when must a prospective employer inform you of pre-employment drug screening requirements?

UPDATED: Sep 30, 2022

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In Minnesota, when must a prospective employer inform you of pre-employment drug screening requirements?

My understanding is that in Minnesota, pre-employment drug screening is legal, provided an offer has already been made and a written drug policy is provided. My question is, when during the pre-employment process would said written drug policy be required to be provided to the prospective employee?

I recently accepted an offer for a new job with a private company. During the application process, I received the employee handbook which covered their employee drug testing policy and stated that as a condition of continued employment, all employees are subject to suspicion based testing. The handbook did not list anything about pre-employment drug screening, but I figured since it is a handbook designed for those who have already been hired, the pre-employment process is not required to be outlined. Further, I signed a contract stating the specifics of my offer which stated that my offer was contingent upon 1 a background check 2 proof of eligibility to work in the U.S., and 3 signing the contract within one week. The offer stated nothing about pre-employment drug screening, but my fear is that after signing the contract and successfully completing the background check, they could send an additional document stating that I need to perform pre-employment drug screening before my first day, or that they could test me on my first day on ‘suspicion’. So, my question is when would they be legally required to tell me that pre-employment drug screening is required?

Asked on August 2, 2016 under Employment Labor Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There is no specific legal requirement for when they have to tell you about any pre-employment drug screening, so you may not have any notice or warning. If this is a concern to you, you may wish to seek alternative employment.

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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