Who can i sue in this situation for loss wages?

UPDATED: Sep 30, 2022

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Who can i sue in this situation for loss wages?

I am an employee of a corporation and was asked to take a reasonable suspicion drug test because a co-worker filed a complaint stating that I smelled like marijuana. I took the drug test on the 5th and it is now the 16th but I haven’t been told when I can return to work. I have been in contact with my transportation supervisor who took me to the testing site and he hasn’t heard anything from corporate about my drug test either. I was told not to contact the testing lab by the lab that administered my urinalysis. I’m not worried about the results because I don’t do drugs, however I am worried about the lost wages. Is there any action I can take against anyone in this situation?

Asked on January 16, 2017 under Employment Labor Law, North Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Do you have protection against this treatment under the terms of a union agreement or employment contract? Does it in some way constitute some form of legally actionable discrimination? If not then, you have no claim here. The fact is that most employment relationships are "at will", which means that a company can set the conditions of the workplace much as it sees fit. This includes why to place a worker on suspnesion and whether or not to pay them.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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