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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7382
Experience:  Significant experience in all areas of employment law.
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I work for an inbound call enter and have been here since 04/20/10.

Resolved Question:

I work for an inbound call enter and have been here since 04/20/10. Had to go out of the business on medical leavel for approx 6+ weeks. I returned to work o 02/18/13 and worked approx 3/4 of my shift when Leadership pulled me off of the floor said my behavior was odd had me call a family member for a ride home and sent me home for the day. I immediately scheduled an appt with my primary dr the next day to be checked out and make sure meds were ok. Dr didn't find anything off balance so I returned to work the next day and continued to work business as usual for approx 10 more days. On 03/06/13 after working again 3/4th of my shift I was pulled off of the production floor and taken to HR and given a drug/alcohol screening sheet and placed in a cab that took me to the lab for testing placed on paid adminisrative leave until the results came back. Once the results came back negative I was allowed to retun to work and nothing further was said regarding this issue. My legal question is was I dsicriminated againt at the work place? Was it leagal to send me home on the first day of my return to work due to suspicious behavior even though my productivity, ACPH, and all other requirments for my job were above and beyond my employers expectations? Was it legal for my employer to allow 10+ days to go past before sending me off for a drug screening?
Submitted: 11 months ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 11 months ago.
Hello and thank you for entrusting me to assist you. My name is XXXXX XXXXX I will do everything I can to answer your question.

I am very sorry to hear about what you endured and completely understand your concerns. Unfortunately, I must tell you that your employer's conduct is legal and, moreover, was likely undertaken on advice of legal counsel.

Provided your employer had reasonable grounds to question your ability to perform the essential functions of your job (i.e., they legitimately believe they observed "odd" or "eratic" behavior), they have a right to send you home and even to require you to undergo a drug/alcohol test.

Putting you on paid administrative leave was, from a purely legal standpoint, actually unecessary, but legally quite shrewd (and this is why I say likely done on advice of legal counsel) because it limits any conceivable claim for damages, since you were still paid as though you had never been taken off the floor.

Again, though, paid administrative leave is not a requirement under such circumstances and your employer acted in a manner not inconsistent with the law.

I am truly sorry that I don't have more favorable information to provide you, but you are here for accurate information about the law and it would be a tremendous disservice if I were to mislead you for the sake of providing good news.

Please do not hesitate to contact me with followup question if you have any. I am not done assisting you until you are absolutely satisfied with my service.
Patrick, Esq., Lawyer
Satisfied Customers: 7382
Experience: Significant experience in all areas of employment law.
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Patrick, Esq.
Patrick, Esq.
California Employment Lawyer
7382 Satisfied Customers
Significant experience in all areas of employment law.