Illinois Memo to All Employees Regarding Drug Testing
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FAQ
The fastest way to clean your system often includes natural methods like staying hydrated and exercising. While products claim to cleanse your system quickly, they may not be reliable. For your peace of mind, review the Illinois Memo to All Employees Regarding Drug Testing, as it outlines your rights and what to do if you have concerns about cleanliness and testing.
In Illinois, companies can still conduct reasonable drug and alcohol testing of both current and prospective employees. Though state law allows companies to reject applicants and discipline employees based on a positive test, companies could face legal challenges.
What Is The DOT Return-To-Duty Process? If you fail or refuse a DOT drug or alcohol test, you will be taken out of safety-sensitive duties until you complete the return-to-duty process. The return-to-duty process will require you to: Be evaluated by a DOT-certified substance abuse professional (SAP).
Yes. Just like incoming applicants can be tested for drugs, so can existing employees. The only difference is, in most cases, your employer must have reasonable suspicion that you have been taking drugs before you can be tested.
If your employer decides to fight your unemployment claim, your employer could submit proof of your drug test failure to the unemployment agency. The agency could then deny your benefit claim, meaning that you won't receive benefits while you look for a new job.
So, what happens if you fail a drug test? Well, you may get suspended, demoted, or even terminated from employment. It is entirely at your employer's discretion to decide what disciplinary action to take. Some state laws prohibit employers from firing an employee for a first-time positive drug test.
Your employer should limit testing to the employees that need to be tested to deal with the risk. If your employer wants to carry out random tests of these employees, bear in mind that the tests should be genuinely random.
Protection: The Compassionate Use Act says that an employer cannot penalize you solely for having a medical marijuana card. This means that your employer cannot fire you, refuse to hire you, or otherwise treat you unfairly for having a medical marijuana card alone.
If an employee believes a drug test was faulty, some states give them the right to contest the results. If granted that right, they must appeal within a certain time frame. Some companies, organizations, and unions have very specific rules about the testing process and the right to appeal.
It's against the law in IL to possess, manufacture or sell substances or methods that help people cheat on drug tests. This includes synthetic urine, adulterants, or devices intended to help people smuggle these things in. It's also illegal to substitute or adulterate your specimen.
