I would like to showcase how drug testing done correctly can provide a defense against wrongful termination. This case kevin lee angel vs lisbon mining company 0 centered on a violation of the Americans with Disabilities Act (ADA). It involved the plaintiff’s use of legal drugs while in a safety-sensitive position with his employer. The […]
Must Firms Follow FCRA Guidelines for Drug Tests?
Should your firm follow the Fair Credit Reporting Act (FCRA) guidelines when it comes to disclosures, authorization for drug testing and adverse action because of a positive drug test? And the answer is………It Depends. While many organizations include a drug test in the background investigation process, a drug test is not necessarily the same as a […]
A Case against Hair Testing for Illegal Drugs
We often get questions about using hair as a specimen for testing for illegal drugs. An article on the GobyTruck web site summarizes some of the negative issues of using hair as a specimen lists some of the problems with using hair as a specimen for drug testing. And it lists reasons why hair testing […]
Random Testing Does Not Equal Reasonable Suspicion Testing
You either have a random drug and alcohol testing program (random test) or you don’t. Is your firm in the habit of selecting an employee, who you suspect of being impaired, for a random test selection? I was recently explaining the advantages of a random testing program to a company. (In a prior blog post […]
Should you serve alcohol at your company picnic or party?
It is important that firms consider the liability of serving alcohol to employees at any company party or function. There are many examples of inebriated employees getting behind the wheel of their automobile and then injuring and even killing other people. While you might be accused of being a kill-joy, removing alcohol from your party […]
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