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Can I get fired for failing a drug test in California?

As a general rule, an employer may terminate your employment (or refuse to hire you) if you fail a drug test.

What happens if you show up to work drunk?

In such instances, an employer may be required to provide an accommodation to the individual. However, an employer can discipline, discharge or deny employment to an individual whose use of alcohol adversely affects his or her job performance or conduct, Hoyman said.

What are the signs of an employee on drugs?

They include: Excessive alcohol or drug use. Increased signs of being unreliable or changes in reliability. Increased absenteeism. Coming to work unfit due to drink or drugs. Frequent trips to the bathroom. Performance issues. Long hours and high stress.

Can you still be drug tested in California?

California law does not require employers to drug test their employees unless doing so is necessary to comply with federal law. Many employers, however, still conduct drug testing and require it as a condition of employment.

Can you get sacked for taking drugs outside of work?

No. While it is true that employees guilty of drug use, even outside work, leave themselves exposed to dismissal on grounds of either capability, conduct or \u201csome other substantial reason\u201d (especially if use of the drugs in question is itself illegal) that decision cannot be automatic.

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What happens if you refuse a drug test at work?

An employee can refuse a drug test at work, although where there is prior contractual agreement to undergo drug-testing in the workplace, anyone who refuses to undergo a test may then face disciplinary action, or even dismissal, as a result.

Can a California employer require a drug test?

California law does not require employers to drug test their employees unless doing so is necessary to comply with federal law. Many employers, however, still conduct drug testing and require it as a condition of employment.

Can I be fired for refusing a drug test in California?

Employers Have Limited Rights to Require Employee Drug Testing. Section 1025 of California's Labor Code allows employers to fire or refuse to hire employees because of their drug use.

Can you refuse a drug test in California?

In California, employers cannot require individuals to take a drug test until they have an offer of employment. If the individual fails the drug test, employers are allowed to rescind their offer of employment.

What to do if you suspect an employee is under the influence California?

Inform the employee of your suspicion and ask the employee whether they are under the influence of alcohol or a controlled substance. If they say \u201cyes,\u201d ask them when and what they ingested and document the employee's statements.

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