Missouri Memo to All Employees Regarding Drug Testing
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FAQ
Drug-testing in the workplace can only usually be justified for health and safety reasons. This means that an employer should not drug test unless there is good reason to do so, and it provides significantly better evidence of impairment than other less intrusive means.
If you have not signed up to a drug testing policy you can refuse to be tested and your employer is not allowed to take any action against you. However, you should be aware that refusal may make your employer suspicious of your reasons for saying no.
Generally speaking, employees who are fired for acts that constitute misconduct, such as failing an alcohol or drug test, may be prohibited from collecting unemployment benefits entirely or for a particular period of time.
Any employer that initiates an alcohol and drug testing policy after January 1, 2005, shall ensure that at least sixty days elapse between a general one-time notice to all employees that an alcohol and drug testing workplace policy is being implemented and the effective date of the program.
The new Missouri unemployment compensation law defines alcohol and/or drug use as misconduct when the employee had knowledge of a policy prohibiting the use.
No Missouri Drug Testing Laws Missouri is one of a small number of states that has no law addressing drug testing in private employment. This means that drug testing is not prohibited or restricted, unless it violates other legal provisions (such as a law prohibiting discrimination; see below).
Collecting Unemployment After Being Fired If you were fired because you lacked the skills to perform the job or simply weren't a good fit, you won't necessarily be barred from receiving benefits. If, however, you were fired for misconduct, you may be disqualified from receiving benefits.
No Missouri Drug Testing Laws Missouri is one of a small number of states that has no law addressing drug testing in private employment. This means that drug testing is not prohibited or restricted, unless it violates other legal provisions (such as a law prohibiting discrimination; see below).
Missouri Alcohol and Drugs: What you need to know The definition of misconduct that disqualifies an individual from unemployment benefits includes a discharge for having a "detectible amount of alcohol or a controlled substance" in violation of the employer's substance abuse prevention policy.
State law specifies claimants are disqualified from UI benefits until the earnings requirement is satisfied. This may happen when a claimant voluntarily leaves employment without good cause attributable to the work or the employer, or is discharged for misconduct connected with work or refusal of work.
