Employees and Drugs

TCR1960 · #1 05-26-2007, 04:24 PM

Can an employer oblige his employees to do a drug or doping test?
If yes, and the results are positive, can the employee be cancelled without liquidation?
Thanks for any input!!!

mido · #2 05-26-2007, 05:49 PM

It looks like you suspect that some of your workers are on drugs.
I have a similar problem and talked to my attorney who gave the following recommendation:

Don't discriminate anybody, you have to find a reason why you want to know and check ALL your employees. Of course you pay for everything.

If somebody tests positive he or she can be fired because of dishonest behaviour (using illegal drugs is prohibited in DR).

I would also like to get some input here from F. Guzman.

tflea · #3 05-27-2007, 12:53 AM

Yes employees can be tested and yes they can be fired if they turn up positive, and if they do, you don't need to pay cessantia (payoff of benefits, etc.)
I agree with the other poster, better to test everyone with no discrimination. Better yet, find a reason to test other than your own company's policy; ie: government agency or contractor 's rules and regs or other reason...either way, you do have the right and they (employees) seldom win this type case.......a rarity. Normally employees always win no matter what, but our experience has been; not in this circumstance.

TCR1960 · #4 05-27-2007, 12:14 PM

Thanks for the info!

What happens if some of the employees refuse to take the test?

2LeftFeet · #5 05-27-2007, 12:57 PM

A friend of mine gets drug tested in the US--- If he refuses-- he's fired--- If his job suspects that he's using drugs they can test him pretty much right then and there. --- It's called testing for cause. Other than that his job- randomly tests.

When he took the job he was made aware of this and took the job anyway so there were no surprises.

I would assume that if emloyees are made aware of this policy and they continue to work for the company they are agreeing to this job "restriction"

TCR1960 · #6 05-27-2007, 02:31 PM

That is the US; it´s a complete different game here.
Did anybody here in the Dominican Republic have to deal with this yet?

Where is Mr. Guzman?

kfrancis · #7 05-27-2007, 03:25 PM

Where is Mr. Guzman ?

Who are you ?? Senor of only five ( 5 ) posting..........

You only posted YESTERDAY, and hopefully Sr. Guzman is with family for today is Mother's Day here.

Your answer has been given by others unless you are looking for a different answer, perhaps from an employee point of view wanting NO TESTING.

kFrancisco de Cabral

dms3611 · #8 05-27-2007, 03:33 PM

....interesting drug testing "kits". Has product that can pick up on drugs inside of a closed container to picking up drug residue from a "glass" that someone has used (for parents that want to know about their kids I suppose).

Anyway, They were down here a few months ago. I may still have some info on the group if you want to PM me. I am sure they have some "insight" in what you are trying to discover.

Best, Dave

2LeftFeet · #9 05-27-2007, 04:10 PM

TCR I was just giving you something to think about until Mr. Guzman gets back to you or until you consult with an attorney in the DR.

It can take Mr. Guzman awhile to get back to you. He returns emails when he is able to. He has his own practice and is busy.

Maybe you will be fortunate and he will return it very quickly.

DR1 people are friendly and we tend to offer opinions and insights. Even though they might be a little off topic we try to be helpful.