Wednesday, July 29, 2015

Can a self-contracted courier be required to get drug tested by a company he serves?I own my own corporation and I'm contracted by a process...

Depends on state and federal laws regarding workplace drug testing.  The key to this situation, I believe, is the fact that while you are essentially self-employed, you are also working under a contract with the companies you courier for.  If, in the contract you signed, there is a clause dealing with a requirement for drug testing, then you are contractually obligated.  If you refuse and they incur costs because of delay or in finding another courier service, they might be able to sue.


On the other side, if there is no clause and they refuse to honor the contract because you do not take a drug test, they may be guilty of breach of contract as well.


One more thing to consider, since this is a process server company, is that if they are delivering legal documents and especially court documents, then they might be operating under the government's drug testing rules.


So I advise taking the contract agreement with the company to an attorney so he can analyze it for you.

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