EMPLOYMENT BACKGROUND CHECKS
New Jersey Pre Employment Drug Screening And Drug Testing
We provide convenient pre-employment drug screening and drug testing
primarily through Quest Diagnostics with thousands of offices located nationwide.
Please also note that employment background check, drug screening, driving record and state release authorization forms are available in a PDF format file to our Automated Employment Screening Clients.
All of these FCRA compliant release documents may be e-mailed to the applicants and easily completed online.
New Jersey has no laws encouraging or discouraging employment drug screening.
Therefore, employers may make drug screening a part of the hiring process.
However, the State Supreme Court has decided to allow for random drug testing, but limited only to safety-sensitive occupations.
Workers’ compensation and unemployment benefits may be denied of an employee due to willful negligence which includes intoxication or unlawful use of controlled dangerous substances.
Evading or causing deceitful results in a test for drugs constitutes a criminal act in New Jersey.
The employer must pay all costs associated with drug screening.
Employee misconduct and Unemployment benefits:
A refusal to undergo testing or a positive drug test or testing positive for controlled substances, as required by the employer’s established substance abuse policy, is classified as “misconduct”.
The employee is therefore ineligible for compensation with regards to claims for unemployment benefits.
Alcoholism is considered a handicap but drug abuse is not.
However, rehabilitated drug addicts are in effect considered handicapped.
Moreover, the employee may receive no workers’ compensation benefits compensation for injury or death caused by the employee’s violation of the law including the illegal use of drugs or alcohol intoxication.
The burden of proof is on the employer.
Random Drug Screening: New Jersey drug testing is somewhat vague when defining what is random, reasonable suspicion and for cause.
Indeed, in some cases, the Supreme Court of New Jersey has held that random New Jersey drug testing is deemed an invasion of privacy on the part of the employee.
Generally, the court weighs the question of the employee’s privacy against the employer’s need in the case of random drug testing in the workplace.