I live in IN, I failed a drug test, but was able to prove prescription. While proving I lost 4 hrs of paid time, does my employer owe me for that time?
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I live in IN, I failed a drug test, but was able to prove prescription. While proving I lost 4 hrs of paid time, does my employer owe me for that time?
I was hurt on the job, I took a post-accident drug test.
I informed the clinic at the time that I was taking a
prescription for Norco generic. She neglected to write it
down. My test results came back positive for Norco, my
employer asked me to clock out and that I had to provide
proof of prescription. No problem, I provided proof, I lost
4 hrs. of my paid time doing so.
Does my employer still owe me 4 hrs. of pay since it was
not my fault and I was able to provide a copy of my
prescription?
Asked on May 28, 2016 under Employment Labor Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, your employer does not owe you for that time. It does not matter if it was your fault or not: you did not work for the 4 hours, and therefore do not have to be paid for it. If the reason you lost the time was the *employer's* fault--their error--that would be different; if they caused you to lose time, they may well have to pay you for it, since you would have lost the pay due to their actions. But it was not your employer's fault: it was the fault of the clinic, and your employer is not responsible for what a third party does or fails to do.
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