Mental health issues and drug testing

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Mental health issues and drug testing

Ok so my dad might have dementia
and he is not in a good position to
make any decisions until he goes to
the doctors to get checked my
question is his boss sent him to
drug test today because they are
noticing a change in his
personality is thus illegal?

Asked on July 27, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, an employer can require an employee have a drug test if there is some change in performance or behavior which suggests that drug use is a possibility. The employer cannot literally force the employee to do this, in the sense that the employee can refuse and risk losing his job--but that's the most he can lose: his job. The employee can decide whether he is willing to lose his job in exchange for not doing the test.


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