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Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 1 decade ago

Strange question. Is it legal to give bad employees poppyseeds and test for opium and fire them?

I have a strange question from a friend who saw you could test positive for opium by eating poppyseed cake and bagels. He wants to know if it's legal (or at least not illegal) to give bad employees poppyseed bagels for some made-up reason and then do a drug test later on and say they are positive for opium (since they are) and then fire them.

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  • Anonymous
    1 decade ago
    Favorite Answer

    Yes, its illegal. I'm not sure you'll ever find a specific statute related to that, but it falls under the "dirty hands" doctrine. Its basically deceptive and dishonest, and it brings about an injury to another person - that is - somebody is going to lose a job. Considering that you don't really need a reason to fire an employee, I don't know why you'd do that anyway.

  • 1 decade ago

    A lot of the tests used today don't show popyseeds as and opium, but lets say that they used a test that did and fired the person. If they didn't verify the test, send off the sample to a lab for conformation they could be sued for lost wages and if came out that they done it on purpose, well lets say being sued for wages would be the least of their worries as they personaly could be held responable.

    In test's that I've seen one or two poppyseed muffins was enough to show a positive when using test strips that would show poppyseed as an opium.

  • Anonymous
    1 decade ago

    I can not imagine that would be legal. It's a "framing" and it is illegal to frame a person for a crime they did not commit. However, it takes a lot of poppy seeds to make someone test positive for opium. We are talking about a pound a day for several days before there would be enough in the system to appear that the person was using. (The seeds have to be broken and not swallowed whole,as most are, in order for the opiate properties to enter the system.) I love my poppyseed muffins and enjoy them on an almost daily basis and am tested regularly due to the job I do and I have never tested positive.

  • 1 decade ago

    I think your friend "borrowed" this idea from a Seinfeld episode, where Elaine loses her job because she eats a poppyseed bagel. This is one of those "urban legends". There are different kinds of poppy plants. The U.S. does not allow for the importation of the narcotic kind. Therefore, our poppy flowers and seeds can not be "harvested" to make drugs or to get anyone high. Thus, poppy seed bagels are legal and non lethal...

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  • 1 decade ago

    hello there.

    from my understanding ,you would have to eat quit alot of poppy seeds to test positive for opium. There is also several levels of testing; urine,blood,hair folical and deep tissue just to mention a few.

    also when you go for a drug test you are asked very specific questions such as ; are you taking any meds,do you smoke,drink alcahol. you should mention that you have consumed some poppy seeds in the form of say bagles or muffins etc.also keep in mind that they might not be testing for it . it would also depend on what they are testing for. some drug tests are very specific. I hope this was some what helpfull.

  • Anonymous
    1 decade ago

    You would have to eat so many poppyseeds to test positive that it would not happen.

  • 1 decade ago

    They have since adjusted the drug test. They can tell when it's just poppy seeds.

  • marie
    Lv 7
    1 decade ago

    This person is a friend of yours? You know some quality people. Yes, I think it is illegal.

  • 1 decade ago

    no that would not be legal---

    unless you live in a right to work state. in that case they do not need a reason to fire you.

  • 1 decade ago

    strange

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