Need some answers please. Thank you.

Hate to break it to you, but an employer requiring you to submit to a drug test as a condition of employment is NOT a criminal case. You are not facing any criminal charges, and even if you test positive for controlled substances the police will not be notified. You will simply be fired or be required to undergo drug counseling or rehab of some sort in order to keep your job after a clean retest.

The US Constitution does not have any bearing over what an employer can or cannot do....it only outlines the relationship between the Federal Government, the individual States, and the People.

 

Um... drug testing?
Just do it, all you have to do is pee in a cup,whats the deal?

 

Expect a government job? Have a right to food stamps? Both government programs and if you decide to accept them then the government can put whatever restrictions on them that they want as a condition to getting them. The person giving something has the power to take it away. Hello Obamacare.

 

The county government can require you to submit to testing. They can also require to you hold a CDL to operate a wheelbarrow if that's what they desire. Private construction companies now will require Heavy Equipment Operators to have a valid CDL. I worked as one for a few years before getting my CDL. I was pushed towards the end to get one, but stubbornly refused. I spent $15k for a H.E.O. school and did not want to drive a big-truck. I wasn't fired, just laid-off, they lost a lot of work a couple of years ago when the economy really started to tank. I was a county employee in Kansas for a couple of decades. Some of what goes on is nothing but pure politics. There's nothing you can do about it, except leave if you don't like their rules. I will also say, that in smaller government agencies/communities the politics being played are worse. I was a LEO, and you think you get messed with working in the Road & Bridge, or Waste Management departments? Oh and the last county I worked for, and currently live, they require the equipment operators to have CDLs, just about anyone except the manual laborers.

Did you get on the bad side of your boss? It doesn't take much, and they can make your life miserable. They can and will do things like this, just to get you to quit.

 

The employer (county in this case) can publish whatever rules and requirements they desire. The supervisor cannot come up with his own rules.

 

So who is next up over your supervisor in the chain of command ? Can you go higher , maybe up to the County Judge ? Is there an employee handbook listing requirements of employment ?

 

Just a thought..but you said that 14 yr's ago you transfered..unless I missed it you didn't say how long you had worked for the county before that? Comming up on your 20 yr's? close to retirement? within 2 yr's maybe? Depending on how the rules for your county work ( and I don't know ) some reasons for being fired also mean you loose your pension. My husband worked for a county here an FL for a while and being the paper-pack-rat that I am... I still have his handbook and while it is over 8 yr's old and say's all rules and reg's are subject to change... it also states that refuseing a drug test while holding a CDL lience is an admission of guilt and may cause you to loose your job and pension ( in much fancier language).

Just a thought and it maybe the wrong one.

 

Rogueman, your employer is breaking the law by violating your rights if the scenario you laid out is accurate....have you been notified of a job reclassification or a policy change in writing? Your boss may think you should go back into the random testing program however that can only be done legally if it (a) applies to all other similarly employed persons, and (b) written policy and notification is issued.

The Dept of Labor (Federal) handles this type of problem. Your complaint can range anywhere from a discriminatory employment action to a potential case of "constructive discharge" where the employer harrasses an employee to quit by creating an atmosphere intolerable to the average person.

Either that or you can just bite your tongue, take the test and shut them up.