Illinois Employee Drug Testing Memo
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How to fill out Employee Drug Testing Memo?
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FAQ
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.
Why employers should not drug test? 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.
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.
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.
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.
In Illinois, companies can still conduct reasonable drug and alcohol testing of both current and prospective employees.
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.
Many employers require their employees to submit to drug testing both before and after being hired. Most of the time after being hired an employer requires reasonable suspicion before having an employee take a drug test.
