Drug and Alcohol Testing

Minnesota Drug and Alcohol Testing in the Workplace Act

 

Workplace Drug and Alcohol Testing in Minnesota – What is the Law?

Employers in Minnesota don’t have to test employees for drugs or alcohol.  But if they do decide to do a drug or alcohol test, employers need to comply with Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA).

DATWA requires employers who want to drug or alcohol test Minnesota employees to comply with a number of requirements:

Notice to Employees of Drug and Alcohol Testing Policy

First, the employer needs to have a written drug and alcohol testing policy that contains the following information:

• The employees or job applicants subject to testing under the policy;
• The circumstances under which drug or alcohol testing may be requested or required;
• The right of an employee or job applicant to refuse to undergo drug and alcohol testing, and the consequences of refusal;
• Any discipline that the employer may take based on a confirmatory test that verifies a positive test result on an initial screening test; and
• Any other appeal procedures available.

The employer needs to provide written notice of its drug and alcohol testing policy to all employees.  The employer also needs to post the notice at work at a place where employees can see it.

The Employer has to use a licensed, accredited, or certified lab for the drug or alcohol testing.

Minnesota law requires employers to use a good and reliable lab for drug and alcohol testing of employees.  There have to be good chain of custody procedures in place, and employers can’t test their own employees – they need to use a lab.

Your Employer needs to tell you your rights before administering a drug or alcohol test at work.

Before having an employee take a drug test, the employer needs to provide the employee with a form to sign acknowledging that the employee has seen the company’s drug and alcohol testing policy.

If the employee tests positive or pops on the drug and alcohol test, then the company has to give written notice to the employee of your right to explain the positive test.  The employee can indicate any over-the-counter or prescription medication that that he took that may explain the positive test.

Within 3 days after a positive test, Minnesota employees can submit additional information to the employer to explain the test, or can request a confirmation test of the original sample.

Your employer needs to tell you the test results within 3 days.

Within 3 working days after your test, your employer has to tell you in writing what the results were, and your rights if you tested positive.

You have the right to request the test results report.

Minnesota employees have the right to get a copy of the test results.

You have the right to a confirmation test.

If you test positive for alcohol or drugs, you have the right to request a confirmation test on the same sample.  You have to tell your employer that you want the retest within 5 days of notice of your positive test results.  If the retest doesn’t confirm the original results, your employer can’t take any action against you.

 

Can My Employer Fire Me Because I Tested Positive on a Drug or Alcohol Test?

No, not unless they meet some requirements:

First, employers need to do a confirmation test before taking any action at all.

Second, if it’s your first positive result on a drug or alcohol test, then the employer cannot fire you or terminate your employment unless:

• The company first gave you a chance to get drug or alcohol counseling or treatment; and
• You refused to participate in the counseling or rehabilitation treatment program, or you failed to successfully complete the program by withdrawing from it before completing it.

However, employers may terminate employees for positive results on a second drug or alcohol test (that needs to be confirmed by a confirmation test also).

 

How Much is My Case Worth?

This is absolutely a good question to ask as you make a decision on whether to pursue a case in court or not.  Starting an employment case is a big decision and you should know what your potential return is for the investment of your time and energy.

The short answer is that the value of your case depends on a lot of things, like:

• the strength of your case on the merits;
• the amount of damages you’ve suffered;
• whether your employer has the ability to pay a large amount; and
• your tolerance for risk.

We get this question so much that we’ve created a separate, detailed page going through each of these factors, right here.  Check it out – it will give you a good idea of what to expect when we talk about your case at your free consultation.

For drug and alcohol testing claims, you may be entitled to back pay and front pay damages, emotional distress compensation, and your attorney fees and costs. You may even be entitled to get your job back.

 

What’s an Average Settlement for a Drug and Alcohol Testing at Work Case?

That’s a tough question to answer because there’s really no “average” settlement.  The value of an employment race discrimination case depends on the strength of the case; the damages the employee suffered; the ability of the employer to pay a large amount (if the employer is insured, even better); and the employee’s tolerance for risk and willingness to go to trial.  Here’s a detailed breakdown of those factors.

But we know that many employees looking for answers right now just want to see some numbers from actual settlements, so here are some numbers.

• We represented a man who worked at the same company for 25 years.  He popped positive on a marijuana test and the company fired him without offering him treatment.  We settled the case shortly after we filed it for $137,500.

Please note that just because these employees received the above results doesn’t mean that’s what your case is worth.  These are just examples.  Your case value depends on a number of things that we’ll talk about during your consultation.

 

What Should I do if I’ve Been Fired Because of a Positive Drug or Alcohol Test Result at Work?  

First of all, if you’re searching for answers right now after losing your job, we’re very sorry that you’re in this position.  We know how tough it is to lose your job, especially when you’ve got family and other financial obligations.

Second, make sure that take advantage of state benefits designed to help people going through tough times.  Apply for unemployment benefits – here’s a link.  And, contact COBRA to make sure you and your family are covered for health insurance.

Third, write everything down that happened to you.  Write down the date that you were terminated, who terminated you, what they precisely said was the reason for your termination, and who else was present.  Write down whether you think the reason your employer gave you was accurate or not, and why.  Write down the names of employees that you think may have useful information.  Write down the types of documents or emails that you think may have good information about your case.  Write down everything – the reason for this is that your memory will probably fade over time and you want to document things while they’re fresh in your mind.  If you pursue a lawsuit, your trial likely won’t be for at least 12 to 18 months, so you want to have something that you can refer to – write everything down.

Fourth, immediately send a letter or email request to your employer requesting your personnel file and the reason for your termination.  Under Minnesota law, your employer needs to provide it to you.  If your employer hasn’t paid you all of your wages or given you your last paycheck, make sure to request those wages in writing also (by letter or email).

Fifth, call us for a free consultation to talk about your case.

 

What is the Statute of Limitations for an employment case for unlawful drug and alcohol testing under Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA)?

Six years from the date of the unlawful action (termination, test, etc.).

 

Contact Our Minnesota and Wisconsin Employment Attorneys for a Free Consultation.

All consultations are free. During your consultation, we’ll discuss the strengths and weaknesses of your case, the potential value of your case (e.g. how much your case is worth), and the best way to proceed.

There’s some information that we’ll need when you call, so if possible, please have it handy, including: who did you work for what did you do how long did you work there how much did you earn when were you terminated what was the reason given by your employer for your termination and why do you think the termination was unlawful or wrongful. If you have this information handy, it will allow us to proceed to the heart of your case very quickly and give you good legal advice.

The process for a free consultation with our employment lawyers is pretty simple. First, call our firm. You’ll talk to a clerk for about 5-10 minutes. They’ll get some basic information about you and your case.

About 3 or 4 hours later, you’ll get a call from us. If you’ve got a case that’s a little outside our wheelhouse, then we’ll will call you and give you a referral for an attorney that we think is better suited to handle your case. Our number one goal is to make sure you get the best representation possible for your particular matter – if that’s not us, we’ll tell you immediately and get you to someone else that we trust.

If we think that we can help you, then someone will call you and set an appointment for you to talk to one of our employment lawyers. We’ll call you at time that works for you and discuss your case and give you our honest assessment of its strengths, weaknesses, and value. We’ll then set a time where you can come to our office and meet your employment lawyer personally – at that time, we’ll discuss your case in more detail, sign a contingency fee retainer agreement, and talk about the process of moving forward with your case.

When you come in to meet your employment lawyer, please bring all relevant documents that you want us to look at, including: pay-stubs personnel file (if you have it) employment handbook (if you have it) any letters from your employer, including your termination letter any text messages or emails that you think are important and any other documents that you think might be helpful.