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  1. #1
    Join Date
    May 2019
    Posts
    1

    Default Is It Illegal to Pose As Someone for an Employment Drug Test

    Hi,

    I live in Ohio and many companies are now testing for nicotine as part of the pre-employment drug test. My brother just got offered a job, but he socially smokes and is afraid he will fail this the nicotine test required by this company and not be hired.

    So...We look very similar and he asked me if I would basically impersonate him and take the pee test? I see little harm in this as a nicotine test is dumb in my opinion, especially when it's being given by a financial company as a hiring qualification.

    My only slight fear is what if I got caught somehow? Is posing as someone else for a drug test considered "illegal"? I assume yes of course it would be if this was for a court case or judge issued or whatever. But if it's just for employment by a privately owned company, is there anything illegal about it? I just don't want to do this for him and end up getting into some sort of trouble myself.

    Thanks!!

  2. #2
    Join Date
    Feb 2008
    Posts
    1,103

    Default Re: Is It Illegal to Pose As Someone for an Employment Drug Test

    It's fraudulent...and I suspect the employer will re-test throughout his employment. Generally those that test for nicotine do so for specific business reasons.

    You may see little harm, but it is still fraudulent and do you really want to be a part of something you KNOW is wrong?

  3. #3
    Join Date
    Oct 2016
    Posts
    2,758

    Default Re: Is It Illegal to Pose As Someone for an Employment Drug Test

    No, but they will be asking for ID and when they catch him, and they likely will, he will not be hired.

    Also, if they are testing for more than nicotine he could be disqualified for unemployment insurance if he is currently receiving it or wants to receive it in the near future.

  4. #4
    Join Date
    Oct 2014
    Posts
    7,154

    Default Re: Is It Illegal to Pose As Someone for an Employment Drug Test

    Quote Quoting CDowns81
    View Post
    I just don't want to do this for him and end up getting into some sort of trouble myself.
    Then don't do it. What you and your brother are discussing is a fraud. Would you actually be prosecuted? Maybe not. That would depend on the priorities of the DA in your area, and perhaps how much pull the employer has with the DA. But it's a possibility. And this would be stupid thing to get a criminal record over.

    Even if he is positive for the nicotine that doesn't automatically mean he doesn't get the job. The main issue here is that smokers tend to have higher medical costs, and insurers are allowed to charge a higher premium for smokers (up to 50% more) than for non smokers. So if the company is testing for nicotine it is likely because it wants to ensure smokers are appropriately charged the higher premiums for the group health insurance.

    In any event, if this kind of testing is real concern for him, maybe that will be what he needs to get him to give up what is clearly an unhealthy habit. He'd benefit in a lot of ways by giving it up.

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