I was injured on the job in Pennsylvania and spent 2 days in the hospital recovering from surgery. I have since been at my home in West Virginia recovering. My employer is wanting to do a post accident drug screen at my home and is requiring me to contact them by 10 a.m tomorrow (6 days after the incident) or further action will be taken. Is it legal for them to drug test me at my home and if so what time frame do they have to do it in after an injury?
If your employer has a post accident drug testing policy then you will have to comply or potentially be discharged. Whether you have to allow it at your home is debatable. You can request that it be taken at a facility, but likely as not, they are sending a mobile drug screening company to obtain it. The basic rule in labor is to comply with your employer's orders, then grieve or take appropriate legal action. I agree with my colleagues that you should consult an employment attorney as soon as practical, using this site or by calling the local bar association. It may be that someone at work just screwed up and didn't get the post accident drug test scheduled right away, or as one of my colleagues indicated they may be discriminating based on your workers compensation claim.
All the best!
NO LEGAL ADVICE GIVEN. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship set forth in a written document executed by the client and by me or a member of my firm. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. My law firm does NOT provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your case. I can give advice, make recommendations and answer specific questions only after reviewing the evidence and documents applicable to a specific client and following a personal meeting in my office in which the relevant facts can be developed and analyzed. My law firm presently accepts cases involving State and federal administrative law; professional licenses and permits; education law; employment and labor law; and litigation matters in state and federal courts. Our practice is limited to the States of Oregon and California. If you have a case in any other state we would not be able to assist you. Unless we have a signed written fee agreement you are not my or my firm's client.
Personal Injury Lawyer
I agreed that this is bizarre to drug test you 6 days after your injury and after your surgery. Usually the testing is done immediately after the accident. I'm just not sure though. You should seek counsel from an employment/personal injury attorney in Pennsylvania.
My answers to questions are for general purposes only and do not constitute legal advice or establish any attorney-client relationship.
Employment / Labor Attorney
If the employer's policy requires a drug test and you decline then they most likely have a right to terminate you. However, the employers request to do the drug screen in your home also raises an issue of privacy. My concern is that the employer may be trying to retaliate due to your workers compensation claim. I recommend that you obtain a consultation with an employment attorney as soon as possible to determine your rights in this matter.
This information is for general purposes only and is not intended to offer specific legal advice. Please contact an attorney for specific legal counsel regarding your claims.