Some states place labor law limits on what an employer can ask you about your off-duty behavior. If your employer tries to find out extremely private information about you (e.g., your sex life) and didn't tell you about this ahead of time, then you might be able to sue for intrusion into your private life. But if your employer has a really good reason to have the information (e.g., he wants to know whether you are doing drugs because your work is suffering), it might be legal.
Can I be fired for off-duty conduct?
Your state might have a labor law that prevents your employer from firing you for legal off-duty conduct. If your state doesn't have such a law and you are an "at-will" employee, you can probably be fired for something you do on your free time.
What if I am in a labor union?
If you are in a labor union, your labor union contract might give you some additional protections against invasion of privacy. For example, your union contract may restrict your employer's right to do a drug test on you. You should check with your union or look in your labor union contract to see if there are any privacy protections. If you have other questions, consult with a labor law attorney in your area.
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