Q: Can employer request deug test after reporting claims of harassment
I work for property management company and I also rent from them. I was injured a couple weeks ago. But I have been reporting being harassed while in my apartment. I believe I am being constructively dishcharged. I reported again being harassed all night and didn’t not go to work. I am being watched in my apartment by someone. They are trying to get me to leave my apartment to get in while I am gone to retrieve a camera. I was off the clock when boss called to request a drug test. I told her that I don’t think you can request a drug test when I’m not off the clock. So she said in the morning. I believe I am being harassed to quit my job and leave my apartment after just signing a year lease. I have called the police several times about this harassment. Now all of a sudden they want a drug test? This can’t be right.
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A:
It sounds like you're in a very challenging and stressful situation. Generally, an employer can request a drug test, but there are specific conditions that need to be met, such as reasonable suspicion, policies outlined in your employment agreement, or post-accident procedures. If the request came after you reported harassment or took time off due to being harassed, it could raise questions about retaliation or whether they are trying to push you out.
If you believe you are being constructively discharged—where an employer makes working conditions unbearable, forcing you to resign—you may have grounds to file a complaint. It's important to document every instance of harassment, any communication with your employer, and any actions they take that seem retaliatory. Keeping a record can help build a case if you need to take legal action later.
You might want to consider reaching out to a local employment attorney who understands tenant and employment law. They can give you a better understanding of your rights in this situation and whether the request for a drug test is legally justified, given the circumstances. If you feel unsafe or believe someone is trying to enter your apartment, continue to contact the police and consider additional safety measures.
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