NJ Employment Attorneys Advise Clients on Drug Testing
Although New Jersey has no comprehensive law permitting or prohibiting drug testing of employees, the state follows the state and federal guidelines and court rulings, which provide that drug testing in the workplace should be conducted when there is reasonable suspicion of an individual.
Under certain circumstances, the New Jersey Supreme Court has upheld the right of an employer to require random drug or alcohol testing of employees — for example, when the job is hazardous or safety is a primary concern.
In other cases, the Court has held that random testing may be an invasion of employees’ privacy rights and an unreasonable search. When deciding to allow or disallow drug testing in the workplace, courts will weigh the employee’s (or applicant’s) expectation of privacy against the employer’s need for the testing, and the means used.
Before an employer requires drug testing, consult with a qualified employment law attorney at Einhorn Harris to understand the risks. If you are an employee who has been asked to take a drug test, be aware of your rights as well.
Given the complexities of Drug Testing in New Jersey, we advise you to contact one of our experienced employment attorneys at 973-627-7300 at Einhorn Harris today. We employment issues throughout New Jersey.