Wisconsin Employee Drug Testing Memo
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How to fill out Employee Drug Testing Memo?
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FAQ
Wisconsin public employers can require that their employees submit to drug testing prior to and after being hired. Often, after hired an employee, a public work contractor can request that the employees submit to alcohol and drug testing under any of these categories: Reasonable suspicion.
No Drug Testing Statute in Wisconsin Although many states have passed laws regulating or restricting an employer's right to require drug testing, Wisconsin is not one of them.
As long as it is written into the employment contact, a company is able to test all or some of their employees on a random basis.
The punishments for a failed drug test can include rehabilitation, termination, and losing unemployment benefits.
Employers can only drug test if there is a drug testing policy that the employee is aware of and agrees to. This may be in your contract or staff handbook, both of which you should check to see if your employer can make you have a 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.
If you are a federal employee, Executive Order 12,564 requires that action be taken if you test positive for a drug test . You will be referred to an employee assistance program (EAP), and you must comply with the program's rules and cease future drug use, or else you will be subject to termination.
As a general rule, an employer may terminate your employment (or refuse to hire you) if you fail a drug test. Depending on the facts of your case, you may be able to challenge the drug testing as a violation of your constitutional right to privacy. There may also be other legal issues that arise from drug testing.
