Advice Needed re drug testing and suspension

Undervalued

PinkRaven said:

I hear what you say regarding her taking in her own time (if it was an airline pilot) - but that's what I mean and touched on earlier.  IF she was in a job such as an airline pilot, train driver, operating heavy or dangerous machinery etc. then there would be basis for them asking for the test.  She's a telephone sales person so it is not in any way affecting her job and never has done until some trumped up little a-hole, who has only just started the job two weeks ago, has taken a dislike to her!  She isn't bringing anyone into disrepute as no-one ever knew or even suspected until someone who doesn't like her decided to put her in it.  She's had a brilliant working record until now.

Sorry, but she is.

She is committing a criminal offence by taking an illegal drug. If that becomes public knowledge it brings her employer into disrepute. Plenty of people have been dismissed on those grounds but, with less than two years service, they don't need a reason to dismiss her if they so wish.

I would also echo the comments @DullGreyGuy has made in their post timed 1 min before yours.

 

prettyandfluffy

I used to do an office-based job providing consultancy services to major infrastructure projects.  We were required to comply with our clients' health and safety requirements as well as those of our employer, on some jobs this included drug testing both routine and and random.  Someone was dismissed for having cannabis in his system; it can be detected for up to 3 weeks after use. Use of equipment, driving a company vehicle or driving on business with drugs present in your system could all be grounds for dismissal.  Doing these things under the influence of OTC or prescription opioids could likewise lead to dismissal.  In any case it would be wise for your daughter to check with a pharmacist, to keep a copy of the prescription and possibly notify HR on a confidential basis to cover her own back.

PinkRaven

comeandgo said:

What does her employment hand book say?  In our book it states drug tests could be done and what the consequences are if you refuse or if you fail.  You seem to be trying to justify her drug taking, it’s not on company time so it’s nothing to do with them, sorry that attitude is wrong.

I'm just saying they have no basis to ask for it except for a clearly homophobic person that doesn't like her trying to get her out! We can't find her contract to decipher this but one of the people accusing take them himself! Are they doing tests on him? We don't know but doubtful. I just feel it's wrong (and asking a policeman and a solicitor that I know they both agree there's no basis). It's harassment in my opinion. I'm not trying to justify it, I'm saying it's not affecting her job, they have no basis other than hearsay and it's wrong she is being set upon like this. A lot of people go into work still drunk from binge drinking the night before but there's no testing for that!

LightFlare

PinkRaven said:

comeandgo said:

What does her employment hand book say?  In our book it states drug tests could be done and what the consequences are if you refuse or if you fail.  You seem to be trying to justify her drug taking, it’s not on company time so it’s nothing to do with them, sorry that attitude is wrong.

I'm just saying they have no basis to ask for it except for a clearly homophobic person that doesn't like her trying to get her out! We can't find her contract to decipher this but one of the people accusing take them himself! Are they doing tests on him? We don't know but doubtful. I just feel it's wrong (and asking a policeman and a solicitor that I know they both agree there's no basis). It's harassment in my opinion. I'm not trying to justify it, I'm saying it's not affecting her job, they have no basis other than hearsay and it's wrong she is being set upon like this. A lot of people go into work still drunk from binge drinking the night before but there's no testing for that!

are they just "lucky" in asking a drug user to take a drug test out of all the people they could ask?

There appears to be a reasonable basis for their request - she is for whatever possibly in a bit of a situation where if she refuses she could be disciplined/sacked and if she takes the test - the same. If it were me, I would do the test, pray it was negative and then keep my head well and truly down untill the new position is available

I suspect, you (and therefore we) aren't getting the whole story

gt568

There has to be more than we are being told here....I don't buy this at all.....

If there was homophobia being displayed then it should have been flagged up by her ASAP.

swingaloo

A drug test at work can be completely random, they do not need a reason whatever job she does. The fact that others may also be doing the same thing is irrelevant. 

Where I used to work they brought in drug testing and several staff left straight away as they knew that if tested they would be fired.
I now work in a shop and we get several people in who use cannabis and the smell permeates their clothing, they dont seem to realise how much it smells. Could it be that your daughter has gone into work with the smell on her clothing?

Ksw3

I hope she doesn't drive under the influence either. 

I would take the test, head down, move on. Anything else will just make things worse at this point. 

BoGoF

Two choices as I see it 1) Take the test, hope for the best it's negative 2) Resign

Grumpy_chap

PinkRaven said:

The latest is that one of them has accused her of taking drugs so they did a drugs test on her. This was the second one they had done and both were negative.  They were the quick swab type.

She has now been suspended subject to doing a proper urine drug test which she has refused as there are no grounds for this.
She does smoke the occasional "recreational" cigarettes so it would possibly show up as a positive if she did the test. Anything she smokes is purely in her own time at her own premises. Nothing to do with work and I feel they have no basis other than hearsay to do this.

PinkRaven said:

She is obviously worried about a positive as they can stay in her system for up to a month (plus she is taking prescription strength Co-Codomol at the moment for an impacted wisdom tooth which would show up positive as it is an Opoid), 

PinkRaven said:

They have reported her for taking drugs as one of them knows she does take them occasionally in her own personal time.  It's too late to stay off something that stays up to a month in the system when they want to do it now.

The obvious answer would be to simply let the drug test proceed, get a clear result and bring this whole matter to an end.
It does rather seem as though the reason for refusing the drug test is that she reasonably believes that she has taken sufficient quantities of inappropriate drugs as to cause a positive result from the drug test and subsequently result in dismissal.

It is quite common in many companies to have random drug testing for any / all employees at any time.  It is common for that to also include alcohol.
It is common that anyone refusing is not allowed to continue in work - the same as a positive result.  The best companies have support / welfare services which can rehabilitate the individual back into their role, so "not allowed to continue in work" doe snot necessarily mean immediate dismissal.  Such support / welfare services are often not available to those who refused to test as with no test it is impossible to measure the success of the intervention and reintroduce the individual to the workplace.

I have often been required to undertake drug testing in connection with work place. 
Some companies I have worked with have testing for all individuals before entry to company premises - staff, contractor, visitor, it matters not if the company has a "zero tolerance" policy it has to be "zero tolerance" as the Unions would not have it any other way.

I would not worry about the prescription Co-codomol as drug tests usually require the individual to submit a statement of any prescription medicines they are taking, together with dose, reason and for how long the medicine has been in place and will remain.  The drug tests are able to determine whether the detected levels are consistent with the prescribed dose.  Good for the genuine person taking prescribed medication.  Less good for the individual taking a prescribed medicine and thinking they can use it as cover for additional products that may be in the body.  Sometimes this does require a blood test follow-on to verify.

From the current position, it seems as though she has two options:
 - take the drug test
 - refuse and leave the employment via whatever mechanism follows

EnPointe

PinkRaven said:

LightFlare said:

PinkRaven said:

I hope someone can help me here. I am in tears with frustration and anger over this.

My daughter has been in her job for 15 months. She is in the middle of buying a house in another part of the country and has agreed a transfer to another branch in that area. She is actually working for the new branch from the current branch's premises and therefore they apparently have a say over the branch she is working for as long as she is there.

Anyway, story is as follows.  She basically has had a good working history in the 15 months there. She is usually top of the sales list every month, does a good job and has been given a good rise recently in view of that. Before the transfer situation she gave her notice in and was given a rise to stay as they felt she was an asset.

My daughter is gay and works in a male dominated environment. Just recently a new person (male) started in the office who is clearly homophobic and sexist and has decided he doesn't like her and has made her life a misery since starting.  He has threatened to beat her up and is constantly taunting her and calling her names.  Problem is, no witnesses. She reacted to him threatening her and she has been pulled up for it.  Also, the new person has managed to turn other employees against her and they have between them put in complaints about her, totally unfounded with no proof, but because it's more than one person they are taking the accusations seriously. Things like her saying things, losing temper at them, etc. The latest is that one of them has accused her of taking drugs so they did a drugs test on her. This was the second one they had done and both were negative.  They were the quick swab type.

She has now been suspended subject to doing a proper urine drug test which she has refused as there are no grounds for this. She works at a desk on a computer and telephone sales, no heavy machinery or driving as would normally be the reason for drugs tests. This is all done solely on hearsay.  She does smoke the occasional "recreational" cigarettes so it would possibly show up as a positive if she did the test. Anything she smokes is purely in her own time at her own premises. Nothing to do with work and I feel they have no basis other than hearsay to do this.

She is still suspended as they said if she refuses it will be considered a positive result and there would be a disciplinary hearing.  Her new boss at the new branch really wants her to start and said she needs to move up there as soon as possible as he can't do anything from the other branch; however he's also saying that while she's suspended he can't help her.

All of this boils down to homophobia and the men being sexist but she has no proof, but at the same time they have no proof of what they are accusing her of either - it is all hearsay.

I'm sick with worry as her and her girlfriend are in the process of buying a house and this could kill that if she loses her job. She's been there under 2 years so she doesn't have the protection that she would after 2 years.

Can anyone help or advise please?  

Thank you.

with less than 2 years service - she can be "let-go" reasonably easily.

Refusal to comply with a "reasonable" request may very well form grounds for such action

Is she refusing because there are no grounds or because it might show positive ?

I don't think it is reasonable as there's no basis, just someone being spiteful. She is obviously worried about a positive as they can stay in her system for up to a month (plus she is taking prescription strength Co-Codomol at the moment for an impacted wisdom tooth which would show up positive as it is an Opoid), but they have no grounds or basis to test her when she's not taking them or under the influence of them at work and what she does in her own time is her business. She's had two negative tests so why are they pursuing her and harassing her for further ones when there is no basis except for hearsay. It's not much different than someone drinking alcohol in their own time (ok, alcohol is legal but it can still affect work!)

it is entirely  reasonable  especially if it;s in the employee handbook and   contracts that the Organisation has a drugs and alcohol policy which applies to all staff . 

Refusal to  be tested    and less than 2 years service ?    even the best union rep in the world  isnt going to save her job ...