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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Required to Take a Drug Test at Work Due to a False Accusation

    Can an employee in New York be required to undergo a drug test by his employer? The employee is in a drug-free workplace and there are drug testing policies in effect, but the accusation was false and the employer wouldn't listen to the employee before requiring the drug test. The employer also let other people at work know what was happening, and the employee wonders if that's a violation of his privacy rights.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Required to Take a Drug Test at Work Due to a False Accusation

    New York does not have laws that prohibit drug testing at work, so if an employee is suspected of drug use in a drug-free workplace the employer can require a test. As there is no law vesting the employee with special privacy rights in relation to the accusation or test, the employer is not liable for failing to keep it secret.

    If the person who made the accusation can be identified, and if the test was in fact negative, the employee may have a defamation case against the accuser.

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