Nebraska Memo to All Employees Regarding Drug Testing
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How to fill out Memo To All Employees Regarding Drug Testing?
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FAQ
You're allowed to ask about current illegal drug use. But asking might not be useful: few, if any, people would say yes. You'll get a clearer answer from a legal drug test.
The policy should be set out in your contract of employment or in the company handbook. 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.
If you have a reasonable suspicion of an employee's drug use, so long as you follow your state's laws for performing an employee drug test, there is generally no legal concern. If the test comes back positive, you will usually be clear to terminate, or discipline the employee, for cause.
The Americans with Disabilities Act (ADA) restricts what employers can ask about use of drugs prescribed for you. The ADA applies to all employees. use, before they offer a job to the applicant.
Prior to making an offer, an employer may ask an applicant whether he or she is currently using, or has in the past used, illegal drugs or alcohol as long as the questions are not likely to elicit information about past drug addiction, which is a disability under the Americans with Disabilities Act (ADA).
Indiscriminate testing of employees for drug use is an intrusive and degrading process that undermines our most deeply held tenets of fairness and privacy in the workplace. It should not be surprising, then, that a recent study concluded that workplace drug testing lowers productivity.
Nebraska is a mandatory state, which means any employer wishing to conduct drug and/or alcohol testing in this state must do so according to the statute, regulations, and court decision that apply. The law (481901 to 1910) does not require any employer to conduct drug or alcohol testing.
Asking About Legal Drug Use The EEOC memo says that you can't ask employees about prior or present legal drug use, unless the question is innocuous and won't bring out information about a disability.
State law in Nebraska allows for random drug tests on employees, and you could be fired by your employer according to the law under three different circumstances. If there is refusal to submit a urine test or hair test, then your employer could have immediate grounds to fire you from your job.
