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Drug Testing reasonable requirement for Work Comp Stress Claim?
Is it reasonable to ask an employee who has been a top performer and who has never been reasonably suspected of drug use to take a drug test as a prerequisite to receiving Workers Compensation Bennefits? This employee was tested pre employment only and never subjected to any type of random drug testing. There is a policy in place that allows us to do so for workers compensation post accident or resonable suspicion (however it has not been upheld in a consistent manner and this is not an accident or injury but an illness) or could this be considered retaliation against the employee submitting the claim?
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As always, run this buy your in-house counsel or an employment law attorney. However, I'd bet money that this could be perceived as retaliatory, especially as you are thinking about going outside what your policy allows and this is in response to a worker's comp stress claim (legally protected activity).