can an employer make one take a drug test when company vehicle they were driving was hit in the back as thet were stopped at lightand then doc the employee’s pay the hours he was off taking the drug testwhich was negative by the way
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can an employer make one take a drug test when company vehicle they were driving was hit in the back as thet were stopped at lightand then doc the employee’s pay the hours he was off taking the drug testwhich was negative by the way
while stopped at a light i was rear ended so not my fault. upon reporting hte
accident to my employer the said I had to take a drug test. I protested by
abided. My pay check was docked the 3 hours it took to get their test done. I
quit upon them taking part of my pay away for their drug test. This is in
Clearwater FLA
Asked on July 28, 2017 under Employment Labor Law, New Jersey
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
As a general rule, an employee can mandate drug testing either randomly or in the event of accident (as in your situation). The fact is that most employment is "at will", which means that a company can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination). Therefore, unless this action violates the terms of an employment contract or collective bargaining agreement, you have no claim here. Finally, the time taken for a drug test (just as for a company physical, etc.), is not considered to be work time so it is not compensable.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
1) Yes, your employer may make you get a drug test when you were involved in an accident in a company vehicle. Employers are allowed to require drug testing, either periodically, randomly, or when an event (like an accident) occurs that reasonabley calls for drug testing.
2) Getting a drug test done, like getting a physical or a vaccination that might be required for some jobs, is not actually work and so they do not need to pay you for the time spent doing it.
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