Say you suspect that one of your employees may have a substance-abuse problem. You don't think he's drinking, but he's clumsy and glassy-eyed. Can you ask him to take a drug test? The answer depends on which state you are in and how much reason you have to suspect that he's using drugs. Maybe he just has the flu.

But why, you ask, would there be any problem with requesting a drug test? If he was drinking on the job site, you could fire him on the spot — what's so different about drugs? After all, drinking isn't even illegal.

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