Legal Question in Employment Law in California

I work for a company called Berg electyrtic. I was told to take a drug test for a new job site. Upon taking the drug test i was being watched while it took place. I felt really uncomfortable peeinf in front of someone so i couldnt pee and refused the test. The next day i was sent a letter in the mail saying i was disharged. Do i have any legal grounds on retaking the drug test in a more private area and getting my job back.

Asked on 3/05/13, 9:52 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

No. Drug testing is generally allowed, both random and for 'cause' such as new job site with new rules, and it must be observed [by a same sex person] to insure integrity of sample. Your refusal to comply with company orders, policies or rules gave "cause" for termination, above and beyond the reality that unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or terminated any time for any reason, with or without ‘cause’, explanation or notice.

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Answered on 3/05/13, 12:36 pm

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