New York City, NY asked in Criminal Law, DUI / DWI, Employment Law and Workers' Compensation for Massachusetts

Q: Former UPS Driver wrongful termination?

Hi! I am a former UPS driver who was terminated after an employee accused me of drinking alcohol in the UPS truck and "acting drunk". The police were called and I passed a field sobriety test. My manager required me to submit to a "drug and alcohol test" although when I went to the Hospital emergency room they were only able to perform a blood alcohol test. Is my manager legally entitled to require a drug test without reasonable suspicion of drug use?

2 Lawyer Answers
Michael Levin
PREMIUM
Michael Levin
Answered
  • Workers' Compensation Lawyer
  • Framingham, MA
  • Licensed in Massachusetts

A: Generally speaking, an employer can always require a drug test. However, your question appears under the heading of "workers' compensation," which only deals with workplace injuries. It belongs under the heading of "employment law," and I will defer to experts in that area to answer more accurately. You may also use Justia to locate an employment law specialist in your local area to discuss in person, or you can always contact your state's bar association for a referral too.

Edwin H Howard II
Edwin H Howard II
Answered
  • Criminal Law Lawyer
  • Fitchburg, MA
  • Licensed in Massachusetts

A: As an at will employee they can require you take a test to maintain employment. Should you be terminated with out proof of intoxication you may still be entitled to claim unemployment benefits however.

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