I am required to come to my job on my day off to take a drug test. I am not getting paid for this at all. This is mandatory. Is it legal? I will lose my job if I refuse to come in. The only other option I have is to drive 2 hours each way to our home office on Friday. All out of our own pockets.
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How legal is this?
- Thread starter WookieeForLife
- Start date
Might wanna check your state laws regarding the issue. Personally, I'd expect it to not be legal, but what I expect and what the true case of the matter is probably don't line up.
If I leave the house for anything to do with my job I am getting paid for it. Tell you boss this let them know if they don't pay that you will make it up by doing personal business on their time.
I know people have there issues with unions, but this is exactly what they were intended to fight against. There is no reason you shouldn't be paid for your time for any work related needs. Just shows that when an employer feels they can coerce their employees to bend to their will we still need unions..
Are you guilty and want to avoid it?
If I was you, I'd do it and keep quiet. It's hard enough to find jobs these days.
If I was you, I'd do it and keep quiet. It's hard enough to find jobs these days.
Well, If they want you to do a drug test, it ought to be on company time. That's how we do it at my company (and we have random checks). It's kind of rude to make you do it on your own time.
That said, it does boil down to the law, and I don't know what PA has to say about the matter. Or what your arrangement is with your employer.
That said, it does boil down to the law, and I don't know what PA has to say about the matter. Or what your arrangement is with your employer.
i think its a load. def call a legal expert and ask about it. but to the heart of the issue-- who's the jackhole that either: a) wrecked company property and was later found to be high or whatever b) got caught on premises with something, or c) THREW YOU ALL UNDER THE BUS?
and the fun question-- will you pass regardless?
and the fun question-- will you pass regardless?
lowfreq33 said:
Security guard. I am not guilty of anything. My pee is clean. I'm just inconvenienced with this.
Massachusetts lab tech arrested for alleged improper handling of drug tests
[Invalid or Expired Link Removed]
Officials said during her nine years the lab, Dookhan tested more than 60,000 drug samples. About 11,000 people now in jail were put there in part due to her work.
Already more than a dozen have been released because of questions about how she handled evidence.
The US Prison Industrial Complex needs a stream of fresh meat to feed the system.
[Invalid or Expired Link Removed]
Officials said during her nine years the lab, Dookhan tested more than 60,000 drug samples. About 11,000 people now in jail were put there in part due to her work.
Already more than a dozen have been released because of questions about how she handled evidence.
The US Prison Industrial Complex needs a stream of fresh meat to feed the system.
While this is a great resource for all kinds of legal advice you might want to try contacting PA wage and hour compliance at 800.932.0665.
Let me caution this:
I don't know your situation. If it turns out to be legal, you could raise a stink and say that you expect to be compensated. You would have every right to do so. But I know my state is one where you can be terminated at any time without cause and if you're already on the edge who knows if it might put you over in the boss's mind.
I guess what I'm saying is to know your boundaries. Best of luck! I would definitely expect I should be compensated for time, gas, and time away from family/hobbies/sleep
I don't know your situation. If it turns out to be legal, you could raise a stink and say that you expect to be compensated. You would have every right to do so. But I know my state is one where you can be terminated at any time without cause and if you're already on the edge who knows if it might put you over in the boss's mind.
I guess what I'm saying is to know your boundaries. Best of luck! I would definitely expect I should be compensated for time, gas, and time away from family/hobbies/sleep
This is exactly the mentality that employers--assuming they actually know the law--take advantage of.
Check you state labor laws. I can't believe that it's legal for them to require this and not pay you - if you already have the job.
It's important to pick your battles carefully but not be taken advantage of at the same time. If the law is on your side, be tactful.
Alkali Ike
Gold Supporting Member
- Jan 1, 2011
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I don't think it's "right to work". It's something else but I can't remember what in my current inebriated condition. It'll come to me...
"At will employment". Either party, employer or employee, may terminate the work relationship at any time for any reason or for no stated reason at all.
Pennsylvania is an at-will employment state. But there are exceptions. Example: Where the employer dismisses the employee for refusing to consent to urinalysis testing and property searches when the actions invaded the employee's privacy.
"At will employment". Either party, employer or employee, may terminate the work relationship at any time for any reason or for no stated reason at all.
Pennsylvania is an at-will employment state. But there are exceptions. Example: Where the employer dismisses the employee for refusing to consent to urinalysis testing and property searches when the actions invaded the employee's privacy.
I would posit that if every single person in the company is not being forced to have the same test, then it would be considered discrimination and you would not have to do it.
