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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 56227
Experience:  Licensed attorney helping employers and employees.
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My wife works retail and was told she was being promoted but

Customer Question

My wife works retail and was told she was being promoted but needs to take a drug test. She is on her days off and her employer wants it done on her day off. Her employer is not going to pay her to get the test done. can they dictate when on her days off she has to take this drug test since she's not being paid. She's clean not worried there but we live in a rural area and the testing center is over an hour away. We have an older truck and spending 3 hours and 30 bucks on gas on a day off wasnt in the plans today
Submitted: 10 months ago.
Category: Employment Law
Expert:  Infolawyer replied 10 months ago.

Hello

Expert:  Infolawyer replied 10 months ago.

If employer demands this be done, employer needs to pay for the time of the testing and permit to be done during working hours. If employer insists on weekend time, then that time needs to be compensated for and all costs covered.

Customer: replied 10 months ago.
Hello sir
Expert:  Infolawyer replied 10 months ago.

Let me know if that is clear, and if I can explain/clarify anything.

Customer: replied 10 months ago.
They have also stated if she doesn't take it on a day off, off the clock its refusing a drug test and she can be fired
Customer: replied 10 months ago.
Is this the case for a drug test required for promotion iNot a post accident, or random? If so she wants to contact the employer and state she either needs to be compensated or allowed to go during work hours
Expert:  Infolawyer replied 10 months ago.

That is illegal, and she could have a lawyer call and demand they permit testing during the week.

Expert:  Infolawyer replied 10 months ago.

It is also not random testing as appears directly correlated to promotion which raises hipaa issues.

The very requirement here is questionable.

Expert:  Infolawyer replied 10 months ago.

Kindly rate me 5 stars. Have a nice weekend.

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