New boss is requiring background checks and drug tests for already existing employees

Arlington Road said:
Exactly. From what I understand, the new boss can't come in the door firing anyone, as per his bosses, not by law or anything. IF what I heard is accurate
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However, if the new "wannabe boss" wants Timmy Tribble terminated, trust me, Timmy Tribble will be disappeared.

Boss Bees stick together, unlike Worker Bees.

If a Boss Bee wants a Worker Bee GONE, sooner or later; said Worker Bee will be gone!!!

Caveat: If the Worker Bees belong to a strong union, protected by a collective bargaining agreement, disappearing one can be more difficult, but not impossible.

As an additional comment, I served in our Army in various roles for 35 years.
Yes, soldiers and civilian employees can be terminated. Relative to soldiers, its called "chaptering". Yes, I've done that several times.

As regards Department of the Army civilians (GS or WG civil service), underperformers can be terminated, too.
 
Arlington Road said:
Exactly. From what I understand, the new boss can't come in the door firing anyone, as per his bosses, not by law or anything. IF what I heard is accurate
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There is no law preventing it. There's no way I can guess whether he was given that authority by the employer.
 
The bottom line here, though, is that he has the authority to do anything the company allows him to do. Whether he has the authority to fire someone is of no relevance to whether he can require his current employees to be drug tested. It's up to upper management whether he is allowed to do one, the other, neither or both.
 
Don't resist or attempt to thwart the new regime.

The regime is all knowing, all powerful, and in complete control of everyone employed by the regime.

Resistance can be fatal.

Obey the regime, resististance can end careers.
 
PayrollHRGuy said:
And it may be true. But if he walks into his boss's office with a few positive drug screens that might change real fast.
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As well as background checks. If he shows his boss where Mr. Smith,who had a clean record at the time of preemployment, but has since had some scrapes with the law during his 15 years of employment, Mr. Smith could be gathering his personal belongings with the help of security. The ironic thing about that is, in such a scenario of failed drug tests and/or background checks, the new boss will in essence be showing his boss how much the company has dropped the ball.
 
Arlington Road said:
As well as background checks. If he shows his boss where Mr. Smith,who had a clean record at the time of preemployment, but has since had some scrapes with the law during his 15 years of employment, Mr. Smith could be gathering his personal belongings with the help of security. The ironic thing about that is, in such a scenario of failed drug tests and/or background checks, the new boss will in essence be showing his boss how much the company has dropped the ball.
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I would find it reprehensible if Mr. Smith were terminated for something that happened 10 years ago instead of his performance for 15 years.
 
welkin said:
I would find it reprehensible if Mr. Smith were terminated for something that happened 10 years ago instead of his performance for 15 years.
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I suppose it would depend on how recent (or not recent) it was. Now it's sounding like the people above the new boss are telling him that the most he can do is randomly drug screen and that he will be unable to have background checks done on existing employees. I'm not sure where the physical exams stand. So, a lot of reversing course seems to be taking place now. Go figure LOL
 
PayrollHRGuy said:
Hence the FCRA 7 year limitation on reporting such.
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If there is something there, the reporting agency will find it and will report it regardless of the 7 year limitation. Criminal charges and convictions are different than past due bills which also tend to get reported after 7 years. You can fine them or report them but they will just correct the record but the damage has been done.

OP could see if they could get it removed through expungement or pardon but that might not help in this situation as they would have already reported it. Lots of companies do periodic background check/ random drug tests on their employees. Nothing the employee can do about it if they want to remain employed with the company. They have to comply.
 
Redemptionman said:
If there is something there, the reporting agency will find it and will report it regardless of the 7 year limitation.
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While I've seen agencies report back >7 year criminal charges it doesn't change the face that they are breaking the law when they do.

One thing that confuses some people is that they think the timer starts when the incident happened or at conviction. That is wrong. It happens when the person is out of the system. i.e. You rob a bank 20 years ago. You are sentenced to 10 years in prison and 5 probation. Today you would still be within the 7 years.
 
Breaking the law, yes. The last time I read the FCRA, it states that the credit reporting agency has to correct an incorrect record or face a 10k fine. If they correct it, the damage has been done for you can't undo the genie out of the bottle.
 
Well, now this new boss is completely handcuffed and is being told (by those above him) to work with who he's got, or resign. He was told that he can only require drug tests, background checks, and physical exams for prospective incoming employees. Personally, I have no issue with doing any of those things (that I did at the time of my hiring) again. But, apparently some do. And did they ever raise quite the objection. And apparently, those who raised the objection have leverage that I was unaware of because the higher ups sure stopped the new boss dead in his tracks.
 

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