Sam engaged in drug use outside work

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Question

Sam Shady works as a data entry specialist for TIP Tech. One Friday night, he uses cocaine at a party. By the time he returns to work on Monday morning, he is 100% sober and able to perform his job. TIP Tech announces a random drug test Monday morning and subsequently fires Sam for testing positive for cocaine. Was TIP Tech within its rights to test and fire Sam for his drug usage? Yes, but only if TIP Tech had received a report from someone that gave the company reasonable suspicion to believe Sam had been using drugs. Yes, because private employers have broad discretion to screen employees for drug use. No, because TIP Tech did not have a reasonable suspicion that Sam had been using drugs. No, because Sam engaged in drug use outside work and it did not impact his job performance.

Reference no: EM133615642

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