Houston, TX asked in Employment Discrimination and Employment Law for Texas

Q: Can my employer decide what reasonable causes for sending me in for a drug test?

My employer knows that I just started new medication and I’m suffering from anxiety and other mental issues

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Employment Law Lawyer
  • Frisco, TX
  • Licensed in Texas

A: Yes, it is up to your employer to determine whether it has a reasonable, individualized suspicion that would suggest to a reasonable person that you are under the influence in violation of company policy. S

Such a reasonable suspicion should be based on firsthand observation by more than one supervisor or manager. Some examples of the signs that can support a reasonable suspicion include the following:


Bloodshot eyes/dilated pupils.

Slurred speech.

Unsteady walk/uncoordinated movements.

Shakes or tremors.

Unexplained sweating or shivering.

Fidgeting/inability to sit still.

Sleeping at work or difficulty staying awake.

Unusual body or breath odor.

Deterioration in appearance/grooming.


Attendance problems—tardiness, pattern of absences or excessive absenteeism.

Decline in performance/productivity.

Acting withdrawn from others, secretive.

Money problems or borrowing or stealing money.


Unexplained changes in personality or attitude.

Sudden mood changes, irritability, angry outbursts or inappropriate laughing.

Unexplained fear or paranoia.

Inability to focus or concentrate.

When two or more members of management make observations significant enough to warrant reasonable-suspicion drug testing, this should be documented and explained to the employee being sent for testing.

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