Fort Worth, TX asked in Criminal Law, Employment Discrimination and Employment Law for Louisiana

Q: Can an employer suddenly require a background check just because my urine was too warm for drug screen.

I rode with the company man to go do the drug screen and when I took the test, the lady said my urine was too warm so she poured it out. Well after sitting there for 2 hours and the lady said I had 3 hours to take it again, the company man decides he is tired of waiting on me to pee and we left. When I got to my truck, I went straight back and tried to take the test but the lady said that the company man called and said not to let me and I was still within the 3 hour limit. I got very aggravated so I called the owner then went and told her what happened. Today, the same company man called and said that if I get him a police report, agree to frequent random drug screening and go and take the test again and they will hire me. They have never required backfround for this position before and I was never actually tested in the first place.

1 Lawyer Answer
Charles Joseph Stiegler
Charles Joseph Stiegler
  • Employment Law Lawyer
  • New Orleans, LA
  • Licensed in Louisiana

A: Louisiana law generally allows employers to require employees to undergo background checks or drug tests by registered laboratories. Unless you have reason to believe they are singling you out because of a protected characteristic (race, religion, sex, age, national origin, disability) there doesn't seem to be anything unlawful based on what you've stated here.

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