Drug testing in the work place

[Twigg118_]

What is the name of your state? North Carolina

I have 2 questions.
The first being:
I have recently been informed by my manager that they have a new drug policy and will require everyone to submit to a drug test. I have no problem with the test itself however my Female Manager has informed me that she has taken a class and will be performing the test. I was OK with this until she also informed me that she has to watch the Female employee's actually take the urine test. and to put it bluntly I am not comfortable with my boss watching me pee in a cup. My question is this. In the state of North Carolina can my boss legal require me to take the urine test in front of her??

I need a response on this rather quickly as they are planning on starting the testing soon and I need to know if I can refuse her watching me..


The second being:
My Boss happened to mention in passing that they found out an employee they had recently fired is working for a different company But in the same type of work they were previously doing and they were debating whether or not to sue him because the handbook he signed stated that he could not work for a competitor for at least 6 months after he was no longer employed with this company. I don't remember reading anything in the hand book that I signed stating that but my question is, In an at will state with no contract for employment can an employer sue you for going to work for a competitor while you are no longer employed with the company??

 

[HomeGuru]

What is the name of your state? North Carolina

I have 2 questions.
The first being:
I have recently been informed by my manager that they have a new drug policy and will require everyone to submit to a drug test. I have no problem with the test itself however my Female Manager has informed me that she has taken a class and will be performing the test. I was OK with this until she also informed me that she has to watch the Female employee's actually take the urine test. and to put it bluntly I am not comfortable with my boss watching me pee in a cup. My question is this. In the state of North Carolina can my boss legal require me to take the urine test in front of her??

**A: what is your actual problem?
********

I need a response on this rather quickly as they are planning on starting the testing soon and I need to know if I can refuse her watching me..


**A: mayne you can ask her to close her eyes and just listen to the evidence.
********

The second being:
My Boss happened to mention in passing that they found out an employee they had recently fired is working for a different company But in the same type of work they were previously doing and they were debating whether or not to sue him because the handbook he signed stated that he could not work for a competitor for at least 6 months after he was no longer employed with this company. I don't remember reading anything in the hand book that I signed stating that but my question is, In an at will state with no contract for employment can an employer sue you for going to work for a competitor while you are no longer employed with the company??

**A: why don't you actually read the handbook and tell us for sure.

 

[Twigg118_]

My actual problem is haveing someone I have to work with watch me while I am in the bathroom. That is a very private thing and it seems a little creepy to me.

As to the second thing. I did read the hand book and didn't see anything like that in there, whoever I might have signed a different hand book then he did. I was just wondering if (even if he did sign it) it was a legal agreement..

 

[cbg]

I don't see anything in the NC laws regarding drug testing that would give you the right to refuse having her watch you. NC employees are allowed to drug test employees as long as they follow specified procedures which include preserving test samples so that you can later perform your own test.

Please note that I do NOT have any information on what procedures are specified. It is POSSIBLE (I do not in any way guarantee it) that what you are looking for MAY be found in these procedures. I don't know offhand which agency regulates drug testing, but start with the DOL and go from there.

Yes, in an at-will state an employee with no contract can be sued for going to work for a competitor when you are no longer employed by the company. Whether the employer or the employee will prevail is not something that can be answered with the information available to us, but no law prohibits the employer from filing such a suit.

 

[Twigg118_]

CBG, thank you for your post and taking the risk to sound stupid What is DOL?

 

[Some Random Guy]

Dept of Labor

Dept of Labor