speaking of drug tests....

(Wag @ Oct. 23 2006,11:56) The constitution only protects you from the government.  It does not affect private relationships such as those you have with other private citizens or your employer.  When it comes to private associations, the rules are whatever you and that person wish to make of it.  That's why we have contract law.

That's why the amendments do not apply when you're talking about your relationship with your employer.  Most employers will have an employment agreement and their own set of rules which govern what you have to do to qualify as an employee.  Constitutional law will not apply.  

As a matter of fact, private property rules apply too.  It's the same way your right to your home is governed.  In essence, government has very little influence on what you're allowed to do inside the walls of your own home.  There IS a little but VERY little.  Meth labs are not allowed, for example.  But you have the right to kick a guy out of your home for ANY reason and the moment you ask them to leave and they do not comply, they are trespassing.  

Same with your employer.  If you don't comply with his rules, including drug testing, speaking of politics or religion on the job, surfing for porn on the net, etc. etc., they have the right to fire you.  

--Wag--
Sorry not the case.  Everyone is bound by the law of the land, constitutional or otherwise.

I was fired once from a job.  They had no real reason to fire me from work ethic so they had to try something else.  I live in Fla., there is no right to work law here.  You can get fired for anything at anytime as long as it is within the framework of the employee workplace.  You can wear the wrong color socks to work and they can fire you for it.  They cannot however violate your legal rights as a citizen.  They have the same responsibility to abide by the same laws everyone else does.

I did and still do hold a firearm carry permit.  I routinely carry a concealed weapon LEGALLY.  That particular employer had a set rule.  No firearms allowed in the workplace.  I fully knew and understood that rule.  Every employee also signs an agreement that random searches of vehicles and or persons are going to be allowed on company premises and it stated right on the release that you waive your constitutional right by signing this.  It was also a condition of employment.  In other words, if you don't agree with it you don't get a job there.  Ok so mine had been signed years ago.  

Sure enough I got searched one time  **cough** **cough**  randomly.  The reason stated was to search for company assets, which is always the reason they site.  Upon notice of search, I fully disclosed, as I know to do, that I had a loaded firearm in my vehicle and I told them exactly where it was located.  At that time they removed it from my vehicle.  Now mind you in 12 years of employment there, this was not the first time I had been searched and not the first time I had a LEGAL weapon in my vehicle.  It had never been removed prior to this search.  

An hour later I was taken to HR and summarily fired for carrying a firearm onto the workplace.  At which time I explained that my private vehicle is not the workplace and that the parking lot does not constitute my workplace.  I was escorted out and they retained my firearm for "safety" concerns for the workplace employees.

The next day I called the police dept. to report a stolen firearm.  Explained the sequence of events to the desk seargent.  He asked me to come down to the police station which I did.   He then proceeded to call the employer and explained that either the handgun was to be returned to me immediately or that he was going to come make an arrest.  I was told to wait an hour.  

One of the security guys from the job came down and delivered the weapon.  The police officer told him point blank, do you ralize how much trouble you can be in right now?  They had an exchange of words that I could not hear and my weapon was returned to me.

My next step was to decide how bad I wanted to send a message back.  I contacted a civil rights attorney who immediately explained that my constitutional rights were violated.  Yes but I signed this release that allows for search.  Yes but you didn't sign a release for a right to keep and bear arms.  

To shorten an already long post here.  He referred me to an NRA attorney who launched into an attack on the company.   The NRA attorney made short work of it and I was offered my job back, which I declined.  I was offered a settlement which I did not decline.   My manager, was fired, his director was re-assigned, the head of security was demoted, and a fully disclosed transcript of events was sent to our customer (the U.S. Govt.).  That company was Rockwell International.  It has never recieved another contract in that facility again.

If I sign an agreement that states I know drug testing can happen at any time, I waived my rights.  If they find out you are doing drugs, they can fire you.  Doesn't mean they will, but I'd be REAL wary of any chance at advancement if they kept you.

Dude I have employees that I know party off the job.  I promise you if they come to work under the influence, it is MY ass if they screw up something.  You better believe I am going to protect myself.

As a closing note.  The reason they needed to fire me was because I witnessed the director using cocaine and  I was in the process of taking him down for it.
 
Quite a story up there Tom...glad it worked out in your favor and kudos to you for seeing it all through; had to be a mess...

Can't help but go back to the simple fact that companies have rules pretty much to protect themselves...they don't need to hire people they consider liabilities...my example of the bus driver crashing, they test him and he's positive for the illegal drug he used the night before...in your case, the sorted details of the cocaine using director aside, the company had that rule to protect themselves, not necessarily to infringe on YOUR rights.  Say a fellow employee knows you have that gun in your car, just say for the sake of my example...they get your gun, they go in and shoot a bunch of people on a bad day.  For your company, YOUR GUN in your car on THEIR premises created a huge and potentially deadly liability for the company...

We as the employees have a tough time seeing the bigger picture here...we think it's just something meant to hold us down or take away our rights, but at the corporate level, it's all about liability...bottom line and sorry, but we do sign papers stating we understand this when we're hired, so I don't really know how to argue your way out of that, especially if ILLEGAL things are involved like drugs...
 
Not sure I agree completely with the government vs. private thing right now. I work in a sector where Drug testing is mandated by the government. Mandated by those creating the laws, but who do not get drug tested themselves.

Not saying the testing is good or bad, but government HAS mandated I get tested, but not themselves.
 
I am not in favor of random drug testing, but you do have certain situations in the work enviroment
where this needs to be the case  
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(JET-A @ Oct. 25 2006,11:14) Not sure I agree completely with the government vs. private thing right now.  I work in a sector where Drug testing is mandated by the government.  Mandated by those creating the laws, but who do not get drug tested themselves.

Not saying the testing is good or bad, but government HAS mandated I get tested, but not themselves.
I work for the gov't, but it's small town stuff...we all fall under the "you may be randomly tested for drugs" veil and understand this...

Good point though...not so sure all the way up this food chain that there is adequate testing when those at the top are passing the laws down...
 
(BA BUSA @ Oct. 25 2006,11:16) I am not in favor of random drug testing, but you do have certain situations in the work enviroment
where this needs to be the case  
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No fear of 'em if you're not doing anything wrong
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(VaBusa @ Oct. 25 2006,08:20)
(BA BUSA @ Oct. 25 2006,11:16) I am not in favor of random drug testing, but you do have certain situations in the work enviroment
where this needs to be the case  
No fear of 'em if you're not doing anything wrong  
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Have nothing to fear
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don't do "them" and drink very little...just wish everybody would be sober in the work place
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 back atcha

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(BA BUSA @ Oct. 25 2006,11:24)
(VaBusa @ Oct. 25 2006,08:20)
(BA BUSA @ Oct. 25 2006,11:16) I am not in favor of random drug testing, but you do have certain situations in the work enviroment
where this needs to be the case  
No fear of 'em if you're not doing anything wrong  
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Have nothing to fear
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don't do "them" and drink very little...just wish everybody would be sober in the work place
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 back atcha
Hence the fear of drug tests may help keep 'em sober in the work place LOL

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(VaBusa @ Oct. 25 2006,08:34)
(BA BUSA @ Oct. 25 2006,11:24)
(VaBusa @ Oct. 25 2006,08:20)
(BA BUSA @ Oct. 25 2006,11:16) I am not in favor of random drug testing, but you do have certain situations in the work enviroment
where this needs to be the case  
No fear of 'em if you're not doing anything wrong  
Have nothing to fear
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don't do "them" and drink very little...just wish everybody would be sober in the work place
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 back atcha
Hence the fear of drug tests may help keep 'em sober in the work place LOL
True, but power in the wrong hands can be a EVIL thing  
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Blah blah blah...always a conspiracy theorist around here LOL

I'm off to lunch...
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(VaBusa @ Oct. 25 2006,08:41) Blah blah blah...always a conspiracy theorist around here LOL

I'm off to lunch...  
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Didn't you just have lunch yesterday
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Well if you go over to Europe and have sex with a 14 year old even though in some countries over there its perfectly legal you will be thrown in jail here. If you smoke dope or snort cocaine and then go to work a couple hours later its still in your system it can change the way you react to things and can cause accidents no matter how bad you think you are or how good you think you handle it.

Drugs are illegal if you want to use them then lobby for it put your money where your mouth is. Elect people to office that believe the same things you do. When they make them legal you can do whatever you want. I think things that are grown naturally should be legal. If you can pick a leaf off a plant and smoke it and it makes you feel good then big deal but right now its not like that.

I have a jacked up back ( Ruptured disc 2x herniated disc and several bulging in my lower back with degenerative disc disease)

I have smoked weed hoping it would help with pain and it didnt. Even good stuff that was 125$ a quarter that you take 2 puffs off and cant stand up for an hour. I had been going to doctors for 18 months the MRI's showed how bad my back was but none would give me any pain killers because it was right after the Rush Limbaugh thing and doctors were scared to prescribe them. I took advil and asprin so much that I got an ulcer so bad I hardly ate for 2 months and lost nearly 40 pounds.

I take 10/325 Oxycodone 4x a day and I hate it. They make me hot and sweaty. Sure they make you a little happy but they dehydrate you and overall make you feel like crap. Ive been taking them for nearly 2 years now and I hate taking the damn things. If I dont take them I physically can hardly move. I have to drive, work, bang the wife all on a pretty strong narcotic drug. And drugs dont make you stop hurting they just help you not care about it and focus on it so much.

BOO Hoo you had to take a drug test at work. If you dont like it get a job somewhere that doesnt drug test. Whether you do drugs or not you knew about the testing before you got a job there. I wish I could take a drug test and have nothing show up but I cant and for the rest of my life I wont be able to unless there is some magical advance in medicine to cure me. Im 30 years old and my doctor says that if Im careful I might be able to work another 5 or maybe 7 years if Im really really lucky. Ill get to where I cant sit for more than a few minutes without moving or stand or lay down. I wont be able to get a good nights sleep.

Already I cant run or jump... AT ALL I cant go outside and run around with my 4 year old son. I cant ride a bike, swing a baseball bat or golf club. I cant do anything except sit around and try not to hurt my back. I have a car Im working on and I cant do more than 10 or 15 minutes of work on it and then I have to rest for 30 minutes or more.

Drugs are illegal. Companies have the right to know if their employees are breaking the law and fire them if they are. Everywhere drug tests. Some take hair and the longer the hair the farther they can go back they can go back a year or more if you have longer hair.

Yeah I think pot should be legal, but its not. If you want it to be then fight for it but dont come around crying when your employer does something thats perfectly within their rights to do. If you owned a business would you want some smackhead coming in there and not being able to do their job right and costing you thousands or millions of dollars and losing you clients. They could put you out of business but thats ok because you dont want to step on their rights to break the law.

9/10 people that I know who do drugs do it at work or right before or at their lunch break. So dont tell me what you do on your own time is your business because addictive drugs dont work for you partner you work for them. So you would rather have your business shut down and be liable in a court of law for the incompetance (sp?) of a doped up employee. A drug test is not mandatory. You dont have to work at that place of business. One day some guy who just smoke up a fat one and came to work will cost you a lot of money and you will see the light of day.

Sorry if Ive been a bobo but when someone cries about drug testing being an invasion of their privacy and its someones right to do what they want when they are off work it just rubs me wrong. I wish like hell I could take a drug test and pass it.

-vJ-
 
(VaBusa @ Oct. 25 2006,07:12) Say a fellow employee knows you have that gun in your car, just say for the sake of my example...they get your gun, they go in and shoot a bunch of people on a bad day.  For your company, YOUR GUN in your car on THEIR premises created a huge and potentially deadly liability for the company...
My vehicle is my private property. If that same person breaks into a house to steal a gun to do that crime is the company liable for that?

Keeping a legal weapon in my private vehicle is an extension of keeping it in my home. The only way a person knows it is in my vehicle is if I disclose that to them. It is not in sight of anyone. In fact the law requires that I do in fact conceal it from the eyes and access of others.

What are the chances that I may in fact be able to stop that person from doing harm by retrieving that weapon and using deadly force if necessary to stop him harming others? Better than if I had no weapon to retrieve at all. That is a legal choice I make at that particular moment in time. The company would not be liable for my taking that action either.

If I brought it into the workplace to stop them, then they do have that liability if it comes down to a legal problem of a life taken by deadly force argument.
 
(diesel @ Oct. 21 2006,18:24) I get them all the time. And I believe it's a violation of my constitutional right as an American against unlawful search and siezure. Cut and dry.
Read it.  

........
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
........



.
Here's another fine example of "You Have No Rights." Not drugs they were looking for but porn.
"Whoops, wrong house, sorry for destroying yer house and bullying you all day." Aww, scared beyond belief? Too bad............ but Shaq was here!




(AP) - Shaquille O'Neal was present during a botched child pornography raid last month while working in Virginia as a reserve sheriff's deputy. The Miami Heat center, who pursues his interest in law enforcement during the offseason, denied Tuesday taking part in serving the search warrant at the wrong house Sept. 23. However, Bedford County Sheriff's Lt. Michael Harmony confirmed to The Associated Press that O'Neal was there. O'Neal, in Orlando to play a preseason game Tuesday, was asked about the raid and several times somewhat playfully responded, "It wasn't me." The 13-time All-Star has expressed an interest in becoming a Bedford deputy or sheriff somewhere else after his NBA career ends. He also works as a firearms-certified reserve police officer in Miami Beach. "Of course, being sheriff is a seasoned political position, so we're not going to be out there knocking down the wrong doors," he said. "We just have to do the right thing." A.J. Nuckols, who said his family has filed formal complaints, wrote in a letter published in the Chatham Star-Tribune that the raid at his Gretna, Va., home "scared beyond description" him and his family. He described being "held at gunpoint, taunted and led into the house," and said the home was ransacked by a "paramilitary search-and-seizure team" that took computers, cameras, DVDs and VHS tapes. "Men ran at me, dropped into shooting position, double-handed semiautomatic pistols pointed at me, and made me put my hands against my truck," Nuckols wrote. Nuckols also said in a telephone interview that he heard O'Neal was at his home, but didn't specifically see the 7-foot-1, 325-pound All-Star in all the commotion. It wasn't until later authorities realized they had been given the wrong IP address, which Internet service providers can use to identify users, leading them to the wrong physical address, Harmony said. It was the Internet company's mistake, he said. Harmony said the sheriff's office apologized, but Nuckols mischaracterized the incident. Harmony said officers were wearing bulletproof vests and may have been in dark or camouflaged clothing, but were not carrying assault rifles or wearing helmets. "The sheriff's department does regret that Mr. Nuckols and his family had to go through this, however we were operating under the scope of what we were supposed to do," he said. He said officers had to secure the house to ensure their own safety. Harmony also said the sheriff's office conducted a successful search on the correct home Friday, finding child pornography and securing a statement from a man admitting he knowingly distributed it. Nuckols said he has filed formal complaints with the Bedford and Pittsylvania sheriff's offices, who conducted the raid with members of child sex-crime unit Operation Blue Ridge Thunder. The Bedford Sheriff's Office enlisted O'Neal to be the spokesman and public face of its anti-child pornography and child predator campaign, making him a deputy last year. Harmony said O'Neal had been on search warrant executions before.

(Copyright 2006 by The Associated Press. All Rights Reserved.)
 
(Charlesbusa @ Oct. 23 2006,13:54) You are not forced to give a drug test.  You have a choice, keep your job and get tested or quit.  Your constitutional right has not been violated.

If everyone quit when they were up for a drug test, then drug tests wouldn't be required because there aren't any employees.

Bottom line is the vast majority of us have no problem with drug tests and think they are a good thing.
yep i agree 100%
 
<span style='font-size:15pt;line-height:100%'>Drug tests .......</span>
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Again sorry if my post was blunt but you guys that cry about things like drug tests at work are the people turning this country into a giant land of wusses. Even the most free and democratic country in the world cant let every jackass run around and do whatever the hell they want. Go find a job that doesnt drug test but good luck on that because every job Ive had since I was 16 has done a pre-screen and said that random tests were possible. I signed the paper and gave that right to them.

-vJ-
 
(TallTom @ Oct. 25 2006,11:50)
(VaBusa @ Oct. 25 2006,07:12) Say a fellow employee knows you have that gun in your car, just say for the sake of my example...they get your gun, they go in and shoot a bunch of people on a bad day.  For your company, YOUR GUN in your car on THEIR premises created a huge and potentially deadly liability for the company...
My vehicle is my private property.  If that same person breaks into a house to steal a gun to do that crime is the company liable for that?

Keeping a legal weapon in my private vehicle is an extension of keeping it in my home.  The only way a person knows it is in my vehicle is if I disclose that to them.  It is not in sight of anyone.  In fact the law requires that I do in fact conceal it from the eyes and access of others.

What are the chances that I may in fact be able to stop that person from doing harm by retrieving that weapon and using deadly force if necessary to stop him harming others?  Better than if I had no weapon to retrieve at all.  That is a legal choice I make at that particular moment in time.  The company would not be liable for my taking that action either.  

If I brought it into the workplace to stop them, then they do have that liability if it comes down to a legal problem of a life taken by deadly force argument.
My comments on someone finding out you had a gun in YOUR car were hypothetical, hence I kind of said just roll with it...

My point is mostly directed at the whining about ILLEGAL drugs and how "we as a society" can't do what we will because the man's always trying to hold us down with random drug tests...

...and as I stated, from a company standpoint, having the "no weapons" policy when you signed up for the job is to cover their azz, not so much out to rid you of your rights...
 
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