ask for drug test

[werreed]

Jurisdiction

Connecticut

I occasionally pick up someone in my vehicle to help me with work as it sometimes becomes substantial, and he sometimes appears high.

Do I have the legal right to ask him to get drug tested?

 

[army judge]

I occasionally pick up someone in my vehicle to help me with work as it sometimes becomes substantial, and he sometimes appears high.

Do I have the legal right to ask him to get drug tested?

Just a thought, why concern yourself with legalities of drug testing?

You'd be better off paying a responsible, drug free person to work with you.

A side effect is guilt by association.

 

[adjusterjack]

I occasionally pick up someone in my vehicle to help me with work as it sometimes becomes substantial, and he sometimes appears high.

Do I have the legal right to ask him to get drug tested?

Connecticut and federal law limits your ability to do that.

Read this first:

Workplace Drug Testing in Connecticut

Then consult an employment law attorney if you still want to demand a drug test.

 

[mightymoose]

Asking for a drug test and requiring one are very different things. You can always ask, and they can always refuse, however compliance and a negative test keeps everyone happy.
I'd recommend as above though. You are entitled to your suspicions, and right or wrong you have the absolute right to employ someone else.

 

[hrforme]

are you legally employing this person? Or is this just some day laborer you are paying cash under the table? If so, drug testing is the least of your worries!

Is this person covered under your business insurance? If not, that's another worry if the person gets hurt on the job.

If he is high and injures someone else, you also could be on the hook for negligent hiring if you haven't done a background check and are suspicious that he is high.

 

[Michael Wechsler]

Unless you have a contractual agreement, you probably have an at-will employer-employee relationship. As such, you're free to make a decision as to whether to keep a person employed. Consider the nature of the work they are performing for you. If it is health/medical related or other work which could potentially cause personal injury to another (such as a driver, conductor, construction worker, etc.) you should seriously consider the consequences of your own negligence should you see danger signs but decide to ignore them. You may need to ask some tough questions and then make a decision on whether you feel this employee is reasonably fit for work.

 

[zddoodah]

Do I have the legal right to ask him to get drug tested?

I wouldn't phrase it as a legal right, but you are legally free to ask anyone for anything. You do not, however, have any right to force this person to take or pay for a drug test. You do have the right not to hire this person in the future.

 

[werreed]

Thank you all for replies,

. . so we talked & I have decided not to pick him up anymore until he proves to be drug free.

If/when that happens I'll post back for more advice.

In the mean time, my 75 yr old brother said he would stop by once in a while and help out. LOL!

Thank you