Is it illegal to pose as someone for job drug test?

[Cdowns81]

Hi,

I live in Ohio and many companies are now testing for nicotine as part of the pre-employment drug test (crazy but true). My brother just got offered a job, but he socially smokes and is afraid he will fail the nicotine test required by this company and not be hired.

So...We look very similar and he asked me if I would basically impersonate him and take the pee test at the lab center? I see little harm in this as a nicotine test is so dumb in my opinion, especially when it's being given by a financial company as a hiring qualification.

My only slight fear is what if I got caught somehow? Is posing as someone else for a drug test considered "illegal"? I assume yes of course it would be if this was for a court case or judge issued or whatever. But if it's just for employment by a privately owned company, is there anything illegal about it? I just don't want to do this for him and end up getting into some sort of trouble myself.

Thanks!!

 

[cbg]

Does the word, fraud, mean anything to you?

 

[FlyingRon]

This is not the "How do I break the law and get away with it forum. You might want to try hightimes.com

 

[quincy]

Hi,

I live in Ohio and many companies are now testing for nicotine as part of the pre-employment drug test (crazy but true). My brother just got offered a job, but he socially smokes and is afraid he will fail the nicotine test required by this company and not be hired.

So...We look very similar and he asked me if I would basically impersonate him and take the pee test at the lab center? I see little harm in this as a nicotine test is so dumb in my opinion, especially when it's being given by a financial company as a hiring qualification.

My only slight fear is what if I got caught somehow? Is posing as someone else for a drug test considered "illegal"? I assume yes of course it would be if this was for a court case or judge issued or whatever. But if it's just for employment by a privately owned company, is there anything illegal about it? I just don't want to do this for him and end up getting into some sort of trouble myself.

Thanks!!

It is risky for both the one who is supposed to test and the one who tests in his place.

I suggest that your brother look for a job that doesn't care if he's a smoker. Or he should try very hard to quit. But I strongly recommend that you do not attempt to take the test for him.

 

[LdiJ]

Hi,

I live in Ohio and many companies are now testing for nicotine as part of the pre-employment drug test (crazy but true). My brother just got offered a job, but he socially smokes and is afraid he will fail the nicotine test required by this company and not be hired.

So...We look very similar and he asked me if I would basically impersonate him and take the pee test at the lab center? I see little harm in this as a nicotine test is so dumb in my opinion, especially when it's being given by a financial company as a hiring qualification.

My only slight fear is what if I got caught somehow? Is posing as someone else for a drug test considered "illegal"? I assume yes of course it would be if this was for a court case or judge issued or whatever. But if it's just for employment by a privately owned company, is there anything illegal about it? I just don't want to do this for him and end up getting into some sort of trouble myself.

Thanks!!

The reason that companies do that is because they want to control their health insurance costs by not having any smokers on the payroll. So yes, its absolutely fraudulent.

 

[Cdowns81]

This is not the "How do I break the law and get away with it forum. You might want to try hightimes.com

Umm that was my question , is this considered to be breaking any law?

And hightimes? Really? We're talking about cigarettes not illegal drugs. but good one...

 

[Zigner]

Umm that was my question , is this considered to be breaking any law?

And hightimes? Really? We're talking about cigarettes not illegal drugs. but good one...

The suggestion wasn't due to the substance being smoked...

 

[xylene]

Do it.

What's the worst that could happen.

It is right to resist workplace drug testing, especially for a legal product. What's next, testing for meat eaters?

 

[Cdowns81]

To clarify, I'm not asking HOW to break the law...I'm asking AM I breaking any actual law by doing this to help my brother out on a nicotine test? I know that what I am debating doing is not the ethical thing to do. I'm just curious if it's an illegal thing to do.

Morally and ethically, I get it, it's not the right thing to do. I understand that and wouldn't do this for someone normally, but it's my brother who has been out of work and this isn't concerning illegal drugs, it's just cigarettes. But again, I don't expect many (or any) to be ok with someone doing something like this. So judge me if you wish, I can't argue that.

But a few said it was "fraud"... Anyone have any detail or expansion on that? What law am I breaking? I'm not trying to be combative, I really don't know and am looking to find out. Naive question here, is 'impersonating' someone else in itself breaking a law? Is taking a privately ordered drug test for someone breaking a law? Again, I have no clue. I'm not a lawyer and have never broken a law (other than speeding I guess).

I guess I look at this like cheating on an exam in college (which I never did, but still going with this analogy). If I go to my brothers class and take his computer science test for him to pass, is that morally/ethically wrong? Yes. Is it "illegal" though? That's what I'm asking in my other scenario.

Thanks guys for any help/clarification you can give!!

 

[Zigner]

Do it.

What's the worst that could happen.

It is right to resist workplace drug testing, especially for a legal product. What's next, testing for meat eaters?

He could get fired for-cause. Maybe it's time for the guy to stop smoking.

 

[Zigner]

To clarify, I'm not asking HOW to break the law...I'm asking AM I breaking any actual law by doing this to help my brother out on a nicotine test? I know that what I am debating doing is not the ethical thing to do. I'm just curious if it's an illegal thing to do.

It might be - there are too many variables specific to the situation for us to do anything other than hazard a guess.

 

[Ohiogal]

Umm that was my question , is this considered to be breaking any law?

And hightimes? Really? We're talking about cigarettes not illegal drugs. but good one...

Yes it is illegal. It is identity theft quite frankly. You can be charged with that. How much prison time do you want to face?

 

[xylene]

Maybe it's time for the guy to stop smoking.

It's time for everyone to stop using tobacco.

Private employers ferreting out smokers with dubious drug testing regimes is not the way. It rewards cheaters and punishes the addicted. Therefore It is stupid and worse than that consolidates employer control of the the private lives of workers which is particularly odious when applied to legal conduct.

 

[Zigner]

It's time for everyone to stop using tobacco.

Private employers ferreting out smokers with dubious drug testing regimes is not the way. It rewards cheaters and punishes the addicted. Therefore It is stupid and worse than that consolidates employer control of the the private lives of workers which is particularly odious when applied to legal conduct.

The flip side of the argument is that employers are trying to control the astronomic and ever-increasing cost of healthcare by rewarding those who maintain a healthy lifestyle. The reward is the privilege of working for that employer.

 

[xylene]

The flip side of the argument is that employers are trying to control the astronomic and ever-increasing cost of healthcare by rewarding those who maintain a healthy lifestyle. The reward is the privilege of working for that employer.

I'm longing for the day when the current system of employer paid health coverage completely implodes and utterly collapses. If smokers are hastening that, so be it good.

Employment is not a priveldge. It is a contractual relationship between a buyer (employer) and seller (worker) of labor. Many kinds of contracts and contractual conditions are not allowed, quite sensibly, because of the inherent enequal power dynamic between worker and employer.