Can You Sue Your Employer for Conducting a Drug Test in Georgia?
Even when you test positive for drugs in the workplace, you still have your own legal rights. The Atlanta employment lawyers at Hall & Lampros, LLP fight for employees who are harmed when their employer breaks the law.
Although employers have a right to screen you for drugs, they must also carefully follow state law themselves. If they fail to follow their own procedures, or they violate your rights under Georgia law, you can seek to hold them liable in a lawsuit.
Call Hall & Lampros to see whether you may be able to take legal action against your employer. We can investigate further to help you determine whether you can file a lawsuit. We will provide you with unvarnished legal advice in an easy-to-understand manner.
You Can Be Subjected to Drug Testing at Various Points
Many employers will conduct drug testing before they can make you a formal job offer. Then, they may test you at certain points during your employment, whether it is randomly or after some kind of accident. The results of the drug test can dictate whether you can earn a living. Even when the employer has a right to drug test you, they must follow laws and use their own care in carrying out the test. Under certain circumstances, you may even be able to sue your employer for a wrongful drug test after contacting an employment law attorney in Georgia.
A positive drug test may disrupt your career and cost you employment. In some cases, there may be little that you can do to overturn your employer’s decision. However, if you experience the consequences of a positive drug test, it is always worth reviewing whether your employer followed the law and its own policies and procedures.
Your Employer May Test for Drugs Under Georgia Law
Georgia law neither requires nor prohibits employer drug testing for employees. Some employers believe that they need to conduct drug tests to protect themselves from liability. Employers can be liable for what their employees do on the job, so they have their own interests in ensuring a drug-free workplace. Employers may also receive a discount on workers’ compensation insurance premiums if they have a drug and alcohol testing program.
There are federal Georgia state laws that govern how employers may test for drugs. They must closely follow the law, or they could be liable in a lawsuit. Your employer may have legitimate interests, but you also have rights. Any drug testing must be conducted pursuant to an established program that is guided by policies and procedures that your employer followed.
For example, there was a recent lawsuit filed in federal district court in Northern Georgia when an employee claimed that Southwest Airlines failed to follow regulations in conducting its drug testing. Georgia law requires that the employer publicize the requirements of their drug testing program and then allow for a second test if the first one comes back positive. In addition, employees must be made aware of the consequences of a refusal to take a drug test.
Employers Still Owe You Legal Obligations Under Their Drug Testing Programs
Employers have a legal obligation to keep details of individual drug testing secret. The only way that an employer may release test results is if the employee consents in writing. Even if the employee tests positive, they can still file a lawsuit against the employer if their confidentiality is violated. They may even sue the employer for defamation if false statements are made in connection with the drug testing.
Firing You for Testing Positive for Drugs Can Even Be Discrimination
You may also be allowed to take certain medications or substances if you have a medical condition. If your employer is trying to fire you when you have a valid medical reason to take a certain medication, you may be able to file a discrimination lawsuit under the Americans with Disability Act. Of course, there are limits to what you may be able to take while holding down certain jobs. For example, you could not be a transportation driver when you take medications that may make you extremely drowsy. Here, everything depends on the facts and circumstances of your case.
Contact an Atlanta Employment Law Attorney Today
Get legal help from an Atlanta employment lawyer at Hall & Lampros when you believe that your employer broke the law when testing you for drugs. If our investigation reveals any illegal conduct, we can file a lawsuit on your behalf. You can schedule an appointment with one of our diligent employment lawyers in Georgia by calling us today at 404-876-8100. The consultation is free, and we are only paid if you win your case.
Chris has successfully represented numerous clients in catastrophic personal injury, employment law matters, class action, consumer protection, business tort, and legislative matters involving multi-million-dollar damages.