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 serving company to drive cases around, and I want...
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 serving company to drive cases around, and I want to know if by law they can do this. I'm a 1099.
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.
I believe that Brettd (the first answer) is correct, but I wanted to add a link that may be useful to you.
I would just add to what he says that you are pretty much at the mercy of the company that hires you. You are not obligated to work for them, but if you do, you pretty much have to do what they ask you as long as it is not something illegal.
From the link that I included, it looks very much as if the company has the right to ask you to take the drug test (assuming of course that the contract you already signed did not forbid it).