Is it legal for a company to ask an injured employee to take a breathalyzer after an auto accidenteven if the police do not require it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal for a company to ask an injured employee to take a breathalyzer after an auto accidenteven if the police do not require it?
My father works as an insurance appraiser. His work requires him to drive and yesterday he was in an extreme auto accident after which he was taken to the hospital. His boss got upset that he didn’t get a breathalyzer or urine check for drugs and alcohol before leaving the scene. Is it legal for them to ask for such things?
Asked on January 26, 2012 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, it would e legal. An employer may ask employees to submit to drug tests on the following bases:
1) All employees, at the same time--so on hiring, annually, etc.
2) On a random basis.
3) When there is cause--and being involved in an auto accident could be considered good cause, since it could have been the result of intoxication.
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.