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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4879
Experience:  Extensive experience representing employees and management
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I was offered a job at Walmart and

Customer Question

I was offered a job at Walmart and went to the clinic next to Queen of the Valley Hosp for a UA drug screen and was told half hour to 45 minutes wait after one hour I saw that at least three people were still ahead of me. When the nurse came out I asked if they could pickup the pace a little that I had many other things to do. He then told me to lower my voice that he had other patients I said I was talking to him. then he said he was going to ask me to leave I told him that he was in breach of contract because of the time. Then he told me that I had to leave. I really was not loud but he was across the room & I really was not that loud. He had no right to talk to me like that. After being in Prop 36 and testing at probation I saw them test people at a rate of one test every 2 minutes. He had no right to ask me to leave and lose this job. Please call me to let me know what you think of this. xxxx xxxxxx xxx xxx xxxx

Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

Hello and thank you for your question today

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

There is no set requirement as to how long a drug screen can take, however, the Fair Labor Standards Act (FLSA) states that drug tests can be considered compensable hours worked, which you must be compensated for. While employers are not required to compensate a person for any time spent on pre-employment drug testing you mention that you were offered a job. Thus, if you were officially hired, FLSA guidance requires employers to compensate employees when they go for such testing because the drug testing is mandated by the employer.According to the DOL web site, “Whenever you impose special tests, requirements or conditions that your employee must meet, time he or she spends traveling to and from the tests, waiting for and undergoing these tests, or meeting the requirements is probably hours worked.” Because the employee must participate in the testing as a condition of employment, it will restrict the employee from performing other responsibilities. Therefore, the time of day an employee is scheduled for the testing (e.g., before work, during work hours or after work) does not determine whether the employee will be compensated. The facts that the testing is under the employer’s control, related to the company business and a condition of employment will meet the standard for that time being counted toward hours worked. So, while you would not have a cause of action for how rude these people were to you, you would be able to make an unpaid wage claim for all of the time you had to sit there.

Employment-LawExpert :

This can be done here:

Employment-LawExpert :

Any retaliation for filing such a claim would result in a much larger claim of retaliation and you should contact an employment attorney in your area immediately. If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with.

Employment-LawExpert :

If you have any other questions, please do not hesitate to ask. If I have fully answered your question, please do not forget to provide a positive rating so that I may receive credit for assisting you today.

Employment-LawExpert :

Have a wonderful rest of your day.

Expert:  Brandon, Esq. replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Customer: replied 1 year ago.

you misunderstand I was at a pr employment drug screen they ask me to leave witch infers i was dirty and lost the position because of it . I feel they owe me one years wages

Expert:  Brandon, Esq. replied 1 year ago.

I apologize for the misunderstanding. Unfortunately, I do not know if I have the good news you are looking for. I will opt out to see if another expert may be able to better assist you in this matter in case they know something I do not. I wish you the best of luck and hope somebody responds to you soon.

Expert:  Joseph replied 1 year ago.
Hello Glen,

New expert here, since your previous expert opted out, due to not wanting to have to deliver you news that you don't want to hear, which, unfortunately, it looks like I will probably have to deliver to you.

I am very sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today. I have a few follow up questions for you before I can give you a complete and thorough answer.

Did Walmart retract their offer of employment to you after the issue with the drug screening or were you able to make another appointment to retest?

Was it the nurse who asked you to leave? Also, do you have any witnesses who could potentially support your version of the events? (That the nurse spoke to you in a derogatory way and unjustly told you had to leave since you weren't talking that loudly).
Customer: replied 1 year ago.

I know the reception heard it and all the clients could we get a list from reception for witness?

Expert:  Joseph replied 1 year ago.
Yes, there definitely would be potential to get witnesses from that, although you run into HIPAA issues when you are requesting any medical information about patients. A hospital will not disclose any medical information, including patient names since they don't want to violate their HIPPA rights. You would definitely have to have that information subpoenaed, since there's no way they will just give you a list of patients due to HIPPA.

Final follow up question. Did you possibly have a contract or guarantee that your testing would be done within a certain amount of time?

Also, please provide me with answers to the other follow up questions.
Customer: replied 1 year ago.

They told me no more than hour and i was ready to pee my pants they thought their name was God him self. I am in prop 36 and watch counselors administer drug screen at a rate of one every two minutes. He needs to punished for his arrogant demeanor. I am not a lamb for slautor I am a ram/citizen of the USA AND DESERVE SOME RESPECT hE COST ME A JOB!!!

Customer: replied 1 year ago.

please CALL ME(NNN) NNN-NNNN/p>

Expert:  Joseph replied 1 year ago.
Glen,

Unfortunately, it's against siterules for experts to contact customers outside of the site, but I'd be happy to answer your questions here.
Customer: replied 1 year ago.

do you think I have a case? Should I seek civil representation? The reception could be sworn in as witness.

Expert:  Joseph replied 1 year ago.
Hello Glen,

I really would need the additional information to give you a complete and accurate answer, but unless there was a contract with the clinic that you would be seen in a certain amount of time, it's highly unlikely that you have a case.

This is primarily due to the employment at-will doctrine, which, unfortunately, allows employers to terminate employees at any time for any reason with or without any prior notice.

This is codified in California Labor Code Section 2922, and states:

"An employment, having no specified term, may be terminated at
the will of either party on notice to the other. Employment for a
specified term means an employment for a period greater than one
month."

This means that Walmart can decide not to hire you if you were unable to complete the drug screening, even though it was due to the wrongful actions of the nurse and wasn't your fault.

Even if you did have a cause of action, it would be unlikely that you would be able to receive substantial damages. You may have one for negligence/malpractice, but you would somehow need to prove that the nurse owed a duty of care to you as a client and violated that duty of care by kicking you out after you complained about how rapidly things were going.

It would probably be considered well within the nurse's right to do that, since they also have obligations to the other clients and patients, and are not obligated to provide service to everyone (again, unless you had a contract in place with them). Otherwise, your only real recourse would be to file a complaint with the Better Business Bureau and against the nurse with the clinic, but both are unlikely to provide you with any monetary damages).

Being a criminal defense attorney, I understand your frustration, since Prop 36 urinalysis are normally run pretty well and timely, but the fact that those services are run well, does not create an obligation that other clinics conduct urinalysis in such a fast manner, especially since prop 36 is government sponsored, and it appears that you went to a private clinic.

I realize this is not the news you wanted to hear (and the news I expected I'd have to deliver to you as I mentioned above) but I hope you do appreciate a direct and honest answer. It would be unprofessional of me and unfair to you to provide you with anything less.

Since my goal is to provide you with excellent service, please don't hesitate to request any additional information or ask any follow up questions.

If you don't have any, please remember to rate my answer positively so I get credit for my work.

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 4879
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Hello Glen,

Hello ,

Thank you for your positive rating of my service,. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question and/or requesting me directly in California Employment Law.

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph

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