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  1. #1
    Join Date
    May 2015
    Posts
    1

    Default Can an Employee Be Drug Tested Without Advance Notice

    I'm trying to figure out if I'm going to be subject to a drug test. Here are the facts:

    - I have signed an NDA and offer letter to become an intern at a company in Boston, MA for this summer.

    - The NDA says nothing about drug tests, and the offer letter only says that the company has a "drug-free, smoke-free workplace."

    - Nobody at the company has notified me about a potential drug test.

    Do you think I'm going to be tested/am I legally allowed to be tested without being notified?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can I Be Drug Tested Without Being Notified

    If you mean "notified in advance" there is no such requirement. If you mean they'll test you without your knowledge, not likely.

  3. #3
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Can an Employee Be Drug Tested Without Advance Notice

    Quote Quoting DawkinsBoy
    View Post

    Do you think I'm going to be tested/am I legally allowed to be tested without being notified?
    Massachusetts law does not regulate drug testing by employers. The Massachusetts Supreme Court, however, has evidently held that whether an employer may do random unannounced drug tests of employees depends on a weighing the employee’s privacy rights, the employer’s interests, and the job responsibilities of the employee. Where the work you do might pose a risk of harm to others if you are high on drugs or alcohol a random drug test policy is much more likely to be valid than if your job is just a desk job involving no risk of harm to anyone, for example.

    That said, the best defense for an employee against problems with drug testing is simply not to use illegal drugs in the first place.

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