Can an employer drug test you in Illinois?

In Illinois, the law doesn’t encourage or prohibit testing. However, the state’s discrimination law explicitly states that it is not illegal for employers to require drug tests of employees who have been or are in a drug rehabilitation program.

Can you refuse a drug test in Illinois?

You can always refuse a drug test. However, as an applicant you may not be hired as a result of not taking the drug test. As an employee, if you are fired because of your refusal to take the test, you may have little recourse.

Does my employer have the right to drug test me?

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.

What kind of drug test does the state of Illinois use?

The employer may conduct drug tests without affecting individual rights. Further, the law states that it is not illegal for employers to require drug tests from employees who have been or are in a drug rehabilitation program. The most common drug tests used by employers in Illinois is the 5 panel Urine Drug Test Kit.

Can you get unemployment if you fail a drug test in Illinois?

If your employer decides to fight your unemployment claim, your employer could submit proof of your drug test failure to the unemployment agency. The agency could then deny your benefit claim, meaning that you won’t receive benefits while you look for a new job.

Are random drug tests legal?

Drug and alcohol testing in the workplace is legal as long as it is administered fairly, however, it is not enforceable by law; you can refuse to partake in a drug or alcohol test. Your employee should not single out individual employees for drug or alcohol testing unless this is justified by the nature of their job.

Should I tell my employer I won’t pass a drug test?

1 attorney answer You should absolutely tell your employer that THC may appear on the drug screening.

Can my former employer say I was fired for failing a drug test?

For most privately-owned companies, previous employers may not disclose the results of a drug test on a background check. For most workers in the United States, their employer will never disclose a failed drug test. However, many government positions require this information and are permitted to seek it.

What should I say if I fail a drug test?

Common excuses for failing a drug test

  • It must have been something I ate.
  • I kissed my boyfriend after he smoked a joint.
  • My dentist gave me something strong for a sore tooth.
  • I ate a lot of poppy seed muffins for breakfast.
  • I failed because of second-hand marijuana smoke.