Legal Question in Employment Law in California

I am a Manager at a large company in California. I heard another Manager ask an employee if he was "smoking dope". I have previously worked in Washington State and Nevada and have taken drug recognition training in both states and it is not allowed to ask that question. Is it legal for an employer to ask an employee if they are under the influence of an illegal substance, abusing a legal substance such as alcohol or a prescription drug? Can they ask directly like that here in California? That Manager told me yes but doesn't seem right to me.


Asked on 8/07/12, 5:32 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

I don't know who is giving you the 'education', but not only can mgmt ask about on job drug intoxication and use, they can require drug testing on suspicion of intoxication or use, and suspend without pay until testing results come back.

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Answered on 8/07/12, 6:59 pm


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