Q: One of our employees was acting funny, so I brought her into my office to ask her about drug use. She asked us to drug test her. Can we?
A: No. And, in fact, this is dangerous enough that you might want to run screaming from the room. The Iowa drug testing statute is complicated, and the court is unforgiving of mistakes - severe penalties are imposed on employers who do not follow the rules to the letter. If you do not have a properly constructed policy and the process to back it up, you cannot test, even if the employee asks.
HR Quick Takes features client questions and answers from Iowa employment attorneys. If you have a question you’d like answered, email firstname.lastname@example.org.
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