Legal Question in Business Law in California

I am an ind�pendant contracter. Is it legal for a company to make me pay for a drug test prior to starting work


Asked on 3/08/14, 9:18 pm

3 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

There is nothing illegal about their request for you to cover this expense.

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Answered on 3/08/14, 9:54 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Indeed, the company may be required by law to assure that its contractors and their employees are drug-free, but the obligation to pay for a drug test should have been disclosed during contract negotiations and/or be included as a term of the contract.

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Answered on 3/09/14, 12:09 pm
Frank Natoli Natoli-Legal, LLC

First, they cannot make you do anything. It is of course your option to comply. What you are really asking is whether they can terminate your contract on account of not complying.

I think the answer greatly depends on your written agreement with them or at least the terms you agreed to. That is, if you already started performing and then they surprised you with this request and you refuse, they may be in breach should they terminate you on account of that refusal.

It might be worth discussing in more detail with a lawyer in private.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 3/10/14, 7:46 am


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