Legal Question in Civil Rights Law in Illinois

employee drug test

My son works at a manufacturing plant that requires random drug testing if the employee is injured, acting strangly etc. He was ordered to take a drug test at the time he was not on the clock or clocked in. He was in the parking lot of there property. He took the test and tested positive for marijuana. Can they fire him since he was not on the clock or working at the time?


Asked on 5/09/02, 11:14 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: employee drug test

An employee on company property is subject to random drug testing whether or not he is "on the clock." Unfortunately, in the case of marijuana, a user will test positive for 30 days or more since the last use, so he was likely to get caught in any event.

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Answered on 5/10/02, 5:47 am


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