Monday, November 16, 2009

Is your privacy violated when you have to submit a physical exam for employment?

Some companies require that you allow them to give you a physical exam prior to offering employment. Do you feel it is a violation of your privacy? In addition they require a random drug test during your course of employment. And they will also do a background check! Is that invasive? Is it done for the safety of their work environment or simply to minimize other possible risks?

Is your privacy violated when you have to submit a physical exam for employment?
It is legal for company's to do all of the above.





They have the right to have you take a physical to be sure that your healthy enough to do this type of work. It's not considered a violation if it is a requirement of the job in order to be hired there.





An employer can ask for an drug test for their employee's upon initial hiring and then random tests there after during your employment with them.





They can also conduct a back ground check if they want, if it is part of being able to work for their company.





All are done for the safety of the company as well as the other employee's who work there. They have a right to know that your healthy enough to do the work and that you are not a drug user. And they also have a right to know that they are getting an employee who does not have a criminal history or major issues with in their past that put their company at risk.





More and more company's want to be able to know who and what they are getting when they hire some one to work for them. This is one of the safest ways that they can do it, to be sure that they are getting good quality employee's who are not drug users and people who are or could be a risk to their company.
Reply:It's legal for the employer to require these if you want the job.
Reply:i'm sorry -- do you imagine that you have a property right in their job? Heelloo??





Every employer has the reasonable right to discover in advance if you can likely do the work the job requires.





Since illegal substances are in fact illegal and they do alter people's consciousness, the employer also has a right to prohibit them in the workplace and to prohibit anyone under their influence from working in their company. Working under the influence, and/or hungover, are examples of theft of the time the company is paying for.





As to risks -- if you had attack dog lawyers wanting to sue you for any or no reason, wouldn't you take precautions to give them no cause to file suit? Especially as the employer pays to defend himself even if he's done nothing at all and can't recover from anyone??
Reply:All of the above. Yes, your privacy is violated, but you have to decide if it is worth it.





They do checks for safety and to make sure you aren't a thief or an ax murderer. If you have to drive cars or operate heavy equipment, the insurance company requires certain checks.
Reply:Depends. First bold question no it is not especially if it is a eployment for law enforcement where you will need to be physically fit to do the job. Drug testing is not an invasion when it can be a danger on your job. Background check before your hired is not invasion afterword can be unless convicted of felony notice that it is CONVICTED. Last question its for both.
Reply:Physical Exams and Background Investigations are only conducted with your consent. If they do not have your consent and conducted the above activity, then it is a complete violation of your privacy (you cannot sue them if you consented). However, if you refuse this, you don't get hired. Lol..., Meaning you don't have a choice, either you abandon your application and look for another employer who will not bother with the above or agree with it.





Regarding drug testing, when you accept the job offer, you will be subject to the employer's company policy which you agree when you sign the acceptance letter. Some companies, even requires their employees to have an annual physical examination at their expense, they do this to prevent work disruption due to illness.





Background investigation is necessary to verify the truthfulness of what you've written on your resume and then some.





I hope I have satisfied you with my answer.


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