Testing

Firing for positive drug test? Prepare to defend test validity

10/05/2009

Generally, employees can appeal if they’re denied unemployment compensation because they were fired for cause. To win, they must show they were fired without just cause. However, the rules change when an employee is fired for a positive drug test.

Fired driver files suits over false-positive drug test

09/14/2009

A recent Illinois case illustrates how employers can get into expensive litigation if their drug-testing vendors don’t follow proper procedures when conducting random drug tests.

New DOT rule means taking a real close look at drug tests

09/08/2009

In 2008, the U.S. Department of Transportation (DOT) changed its regulations for drug testing to include direct observation of return-to-duty and follow-up drug tests. DOT regulations require random drug testing of urine for commercial motor-vehicle drivers, and pipeline, airline, transit and marine employees.

Are drug testing programs constitutional?

08/26/2009

Q. An employee says our drug testing program violates his constitutional rights. What can I tell him to prove that we’re well within the law?

DOT rule calls for direct observation of drug tests

08/20/2009

If you have transportation workers in safety-sensitive jobs, take note: New U.S. Department of Transportation (DOT) rules kick in Aug. 31 that affect return-to-work drug tests given to employees who previously tested positive or underwent drug rehab.

Drug-tested employees may have second chance to sue

08/14/2009

Employers almost always contract out workplace drug testing and then rely on the results the contractor provides. If the employer then fires an employee who tests positive, chances are a court won’t second-guess the decision, since the employer relied on the test. That doesn’t mean the testing company can’t be sued.

Pilferage problem: Can we require all our warehouse workers to take lie detector tests?

08/14/2009

Q. We’re finding that there’s been an upsurge of items missing from our warehouse inventory. Can we require our warehouse employees to submit to polygraph tests?

What plaintiff’s lawyers don’t want HR pros to know

08/11/2009

Want to know how to get under the skin of the lawyers who represent employees? Ask one. They won’t all cop to what sinks their cases, but attorney Whitney Warner did. Learn what she fears most when staring down an employer in court.

Supreme Court rules in firefighter ‘reverse’ discrimination case

08/04/2009

The U.S. Supreme Court has ruled that the city of New Haven, Conn., violated the rights of white and Hispanic firefighters who took promotion exams when it refused to use the test results to promote the highest scorers. The court ruled that the city could not use “[f]ear of litigation alone” to justify rejecting the results simply because the test appeared to have a disparate impact on another minority—namely the black firefighters who took the test.

Are we liable for wages we didn’t pay while employee was waiting for drug test results?

07/24/2009

Q. We suspected an employee was using drugs, so we sent him to be tested. We told him he couldn’t work until the test came back in two days. The results were negative. Do we owe him wages for those two days?