Q: What could I sue for in this drug test instance?

So my employer is the medical director at a psychiatrist office. I am an administrative assistant. His wife, who does not have a visa to work in this country, randomly drug tested me, in a public bathroom that is shared with the whole office building of different businesses, with a store drug test, and she stood outside the bathroom stall door waiting for me to take the test. Then, my Zoloft tested a false positive, and she accused me of taking drugs then told me to take out my pill bottles and then she took pictures of them on her iPhone. Also, she did not drug test one girl because she is pregnant. As if that stops someone from taking drugs. This cannot be legal right? If so, what could I sue for.

1 Lawyer Answer
Jonathan R. Roth
Jonathan R. Roth
  • Salem, MA
  • Licensed in Massachusetts

A: First of all if the medical director's wife is here on a Visa that does not permit her to work, then she is prohibited from administering any drug test for your company or any other company. In that event the use of the drug test can be challenged. Second, Massachusetts does not have a defined law on drug testing. The MA SJC in Webster v. Motorola, the Court found that the validity of an employer’s policy of random drug testing had to be weighed on a case-by-case basis, taking into account the employee’s job responsibilities and the employer’s interests. Even if the drug test was warranted in your case, there is still a potential liability for the employer for the failure to administer the test properly and in a manner consistent with an employees right to privacy. Amongst the potential claims are defamation, invasion of privacy, and discrimination based on age, gender, etc. and disability. I would contact an employment attorney in your area and file a complaint first with the appropriate administrative agency for a right to sue and then file a complaint in court.

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