If an employer in Minneapolis decides to run drug or alcohol testing for their employees, there are strict regulations they must follow to comply with the state’s Drug and Alcohol Testing in the Workplace Act (DATWA). If your employer violates your rights in conducting substance testing, a Minneapolis drug and alcohol testing attorney can help you pursue legal action.
At Madia Law, we have helped countless employees dealing with employment issues recover damages from their employers. Our experienced team of Minneapolis employment lawyers will work diligently to ensure you recover the compensation you deserve. Contact us today by phone or through our website to schedule a free case consultation.
Requirements Employers Must Follow for Drug and Alcohol Testing
DATWA puts many requirements in place for employers to follow when administering drug and alcohol testing to their employees. If an employer fails to follow these rules, a drug and alcohol testing attorney in Minneapolis can help you pursue legal action. These requirements for employers include:
- Providing notice to employees about the testing policy for drugs and alcohol
- Using a licensed, accredited, or certified lab for the testing
- Informing employees of their rights before administering testing at work
- Revealing the results of an employee’s test to them within three days
Providing Notice to Employees
Employers must provide employees with a written notice of their drug and alcohol testing policy that includes information about:
- Which employees or job applicants are subject to testing
- The circumstances under which testing can be requested or required
- The rights of an employee or job applicant to refuse testing and any related consequences
- The consequences of testing positive
- Any appeals procedure that can be pursued
Using a Licensed, Accredited, or Certified Lab
When testing employees for drugs and alcohol, employers are required to use a reliable lab with procedures in place to ensure the chain of custody is not broken and that the results are as accurate as possible. Employers can not conduct their own testing of employees.
Informing Employees of Their Rights
Employers must inform their employees of their rights before administering any drug and alcohol testing. The employee must sign a form provided by the employer, acknowledging that they have read the company’s testing policy.
If the employee tests positive, the employer must give written notice to the employee, informing them of their right to explain why the test was positive.
The employee can provide additional details explaining positive test results, including information about any prescription medications they are taking that may have affected the results. They can also request a confirmation test be performed on the original sample.
Revealing the Results Within Three Days
Your employer has three days from the date of your test to inform you of the results in writing and explain your rights.
For a legal consultation with a drug and alcohol testing lawyer serving Minneapolis, call 612-349-2729
Employee Rights After a Positive Test Result
If you test positive for drugs or alcohol, you have the right to request a copy of the test results. Furthermore, you can request that a confirmation test be performed on the original sample you provided. This request must be made within five days of receiving notice of the positive test results.
If the confirmation test comes back negative, your employer can not take any disciplinary action against you.
If your employer violates your rights in any way, you can pursue a legal claim against them. An experienced attorney can determine how much your case is worth and work to get you the money you need and deserve.
Minneapolis Drug and Alcohol Testing Lawyer Near Me 612-349-2729
Can a Positive Test Result in Termination of Employment?
While testing positive can result in disciplinary action up to and including termination of your employment, employees do have protections in these cases.
First of all, your employer will not be able to take any disciplinary action against you unless they perform a confirmation test showing a positive result.
Secondly, a first positive result can not result in termination unless the company provides you with the opportunity for drug or alcohol counseling or treatment and you refuse to participate or fail to successfully complete the program. However, if you already have tested positive in the past, a second or subsequent confirmed positive will allow your employer to fire you for cause.
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A Minneapolis Drug and Alcohol Testing Lawyer Can Help Ensure You Meet Filing Deadlines
In Minnesota, employees who lost their jobs due to violations of Minnesota’s DATWA regulations have six years from the date of the unlawful action to file a lawsuit against their employer. If you miss the filing deadline, you will likely be out of options for pursuing damages.
Speaking with an experienced drug and alcohol testing attorney serving Minneapolis as soon as possible is the best way to ensure that all your paperwork gets filed on time and that your right to recover compensation is protected. Your lawyer will work diligently to secure a positive case result.
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Get Help From One of Our Experienced Drug and Alcohol Testing Lawyers in Minneapolis
After being subjected to unlawful drug and alcohol testing or being terminated in violation of the DATWA regulations, recovering compensation can be critical for getting your life back on track. At Madia Law, we have a long history of helping employees protect their rights against employers who violate them.
Contact us today by phone or through our website to schedule a free case evaluation with a member of our legal team.
Call 612-349-2729 or complete a Case Evaluation form
