Atlanta, GA asked in Civil Litigation and Employment Law for Georgia

Q: Does rigging a random drug test to influence the results violate federal laws?

My brother is a journeyman welder that has been self employed most of his work time. He took a regular 7 to 3.30 w2 type jobs at a concrete company here in Georgia. His supervisor in the plant he was assigned instantly disliked him. He caused several small drama filled instances for him, but his final act was to set up a random drug screening for his branch workers, and call everyone but my brother to stay home or “figure out way to pass”. He didn’t call my brother who had just taken a drug screen just a few weeks before. They listed my brother as refusing a drug screen instead of what really happened. It’s going to follow him everywhere, can he do something about it? A random drug screen refusal couldn’t be further from the truth, and how is it random if the manager does so much to influence the outcome?

1 Lawyer Answer
Michael D. Birchmore
Michael D. Birchmore
  • Lawrenceville, GA
  • Licensed in Georgia

A: It's "random" in the sense that it was conducted unannounced in advance. You did not tell us what your brother's result should have been. If he didn't refuse, he must have participated in the screen. If he participated, then what was his result?

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