im starting a new job in 2 months and went to sort out the contract today, i had a read over it and got assurances from the farm manager, but i just dont trust corporations and their fine print. so can you guys help me reword the following clauses? this causes some concern for me, as i will still test positive for marijuana even if i only use it on my days off. is there any way to word it so that no action may be taken unless it can be proved that i am under the influence of such drugs at the time. im not quite sure what to make of this, but i need to make sure that i can disclose as much information as i want should i terminate my employment. ive been assured that anything i do in my own time is not covered, but i still think it should be written in somehow.
Regarding the drug testing, I don't see any easy way around that, unless you want to admit up front to marijuana use, which I doubt you do. I imagine you'd be unlikely to be tested unless there was some suspicion you were working under the influence. The media clause would apply only during the employment period. Should the employment terminate, you would become a free agent again. I'm confident the IP clause would be interpreted by any court to apply only to things you did at work - not to anything produced in your own time.
No. Let me make this short and sweet for you, OK? It's their business and they can set any requirements they choose. Simply testing positive at ANY time during employment is grounds for immediate action. There's no need for a stipulation that you actually be "under the influence" at the time of the test. And you have a choice as well - to accept the job with THEIR requirements or to refuse the job. Once you've terminated (or been terminated). you may say anything you like as long as you don't reveal company secrets OR cross the line on libelous statements. Better get it in writing! Because they can also claim - and possibly prove, too - that whatever you develop on your own time was a direct result of information/technology that you had access to while working on THEIR time and with their equipment/materials.
I make no promises that your employer will accept aby of these changes, but here's what I'd shoot for: N.B. This screams "I'm doing drugs!" I wouldn't submit it unless you are very sure that the employer will be sympathetic to your marijuana use, or if you kno the employer tests regularly anyway. The truth is the clause, as written, partially protects you by requiring that the search be "reasonable." You might consider simply enhancing the word "reasonable" as follows: In that formulation, the "reasonable" searches will be limited to his seeing you "high", not merely his overhearing from you or gossip from others that you like marijuana. This too is a little risky, but you could play this language off as "I don't like the invasion of privacy" a bit easier than you could the previous language. (Though the previous language is much stronger.) Personally, I think there is a strong risk that you won't get the job if you submit *either* change, but that choice is yours. Here, you are probably okay, so long as the contract has a termination clause (and probably if it doesn't). I have no idea whose contract law controls (and I'm probably not an expert in that state's laws anyway) but usually once you are fired the contract terminates and its obligations are lifted unless the terms of the contract specifically say otherwise. If you want to go with an abundance of caution, I'd add this language to the end of the contract (if it's not already there somewhere): Putting it in its own section hides the fact that it's 18.1 that you are really concerned about. You ill have to read the contract again those to make sure that there are no provisions (other than the obligation to pay you listed in clause (i)) that you want to survive termination. You should also check to see if there already is a termination provision, which may have something similar already. There is probably a more artful way to word that, but not knowing who the contract designated "the time in which you are required to work," I had to insert something generic that a jury could understand.
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14.9.1Under the Health and Safety in Employment Aact 1992, the employer has a legal duty to ensure the safety of employees while at work. It is the view of the employer that any use of non-prescribed drugs, stimulants and alcohol by the employee while on duty or company property is a workplace hazard, not only for the employee but also for any other person in the workplace. Accordingly, the employer reserves the right to order the employee to submit to testing for non-prescribed drugs, stimulants and alcohol where the use of such while on duty or company property is reasonably suspected.
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you can always get around the drug testing by cheating the test. im guessing you go against laws anyway so i thought hey why not. just use somebody elses urine for the test. i assume its a urine drug test, and not a blood test. peace.
yeah like when the prosecutor says you did not use "reasonable" force to defend yourself. im like "hey man i only punched him once its not my fault his face looks like i hit him with a sledge hammer" peace.
They might not be willing to shift on any of the contract. If there's plenty of people willing to fill the job out, why bother sending the contract back to their legal guy to 'ok' it and endure extra expense/hassle? I'd say risk it and deal with the drug testing situation if it ever comes up. If you get along well with your employers and they're understanding, they sometimes tell people a couple of weeks in advance of a drug test. Maybe you should investigate a little further - on the down low, if you can - about their insurance requirements. If their liability insurance and the like requires regular drug testing and a no-nonsense dismissal of employees with anything in their blood, you're a bit screwed, unless you give up the ganja. I can see why they might have that kind of clause if you're operating heavy machinery (tractors) or are in a position where you're responsible for others safety (telling them what to do or operating machinery that could cripple some of your workmates if you screw it up). I reckon that they'll think twice about hiring you if you try to change anything in their contract, but that's just my personal thought.
