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LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 35308
Experience:  30 years legal experience
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My 23 yr old son is in a situation and I could use some

Customer Question

Hello, my 23 yr old son is in a situation and I could use some advice, please! He works in a restaurant at a mall. On break last night a security guard said that he smelled weed and accused my son and his friend of smoking. Long story short, he volunteered
to take a drug test with his employer and will take it tomorrow. But, they aren't letting him work until the results come back. Can they do this? He wasn't even in his workplace when this happened, although he was on the clock and on break. There is no doubt
in my mind he will pass this test.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  LawTalk replied 1 year ago.

Good evening,

I'm Doug, and I'm very sorry to hear of your son's situation. My goal is to provide you with excellent service today.

While it certainly is not very fair. there is no law preventing an employer from taking an employee off shift until they pass a drug test if they have been accused of using drugs while either working, or on a break from work, or if the employee is suspected of using drugs before coming into work such that they may be under the influence when they arrive at work.

Unfortunately, your son will just have to take the test and when it comes back negative, he can return to work. While not the law, many employers will pay back pay for time lost while waiting for a drug test if the employee tests negative, so your son should absolutely ask to be paid for the lost time.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Kindly, remember to rate my service to you. That is how I am credited for assisting you.

I wish you and yours the best this holiday season,

Doug