Refused a Drug test because of Privacy issues in NC. The VP of HR would not leave restroom and allow me privacy to pee. There were no stalls in Bathroom and he left door wide open with people walking by. So I refused to urinate but did offer Blood, saliva, and or hair and he refused and told me to pee or I am fired. So I refused due to my privacy.
Not sure about NC, but I am pretty sure every drug test I ever took was in view of a monitor. This is to ensure you shenanigans.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
Generally, employers can have a monitor in the restroom to ensure that they receive a "clean" sample. You are likely out of luck in this situation.
This information is given for legal education only. It may not work for your specific situation. It is not legal advice, and I am not your lawyer. You have to find your own local lawyer to get legal advice and help with your problem.
The North Carolina Controlled Substances Examination Act provides certain privacy protections to individuals selected for random drug testing. There are no privacy protections in any North Carolina statute for individuals who are tested because the employer has a reasonable suspicion of impairment. I am assuming since you were being tested on the employer's premises that the employer was testing you "for cause." In North Carolina an employer can terminate an employee who refuses to take a drug test. It is the employer's option to choose which kind of drug test. Whether leaving the outside bathroom door open might constitute a separate claim against the individual VP is a possibility you could discuss with an attorney. But, this is frankly a "long-shot" in employment litigation. The employer will argue that you were terminated because the employer suspected you were impaired and because you refused to take the drug test. There may be more circumstances in your favor, and possibly some privacy statutes (perhaps HB2) to support a wrongful discharge claim but, based on what you have described here, you would have some significant obstacles to overcome in pursuing litigation.
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