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I live in wa state. I was mailed my final paycheck nd it has…

Customer Question
I live in wa...

I live in wa state. I was mailed my final paycheck nd it has uniforms deducyed from it. as well as a drug screen that was deducted. I was hired and given the handbook and signed. marijuana is legal here and I haave a medical marijuana provider card. I tested positive for marijuana and they told me I had to rescreen in a month at my own expense. nothing says drug free. just that they don't allow illegal drugs or controlled substances. never once did I get a on the clock break.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Washington

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Washington is an at will state however they cant violate the labor laws though

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's it

Submitted: 4 months ago.Category: Employment Law
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Answered in 13 minutes by:
1/5/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 124,424
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

It does not have to say, "drug free" because even though marijuana is legal in several states, including WA, it is still illegal under federal law and as such it is still legal to fire an employee for a positive drug test for marijuana. Marijuana is still an illegal substance under federal law and even the US 9th Circuit Court of Appeals, which covers WA, has held that an employer can terminate an employee for marijuana use even though it is legal in the state and even though they have a medical marijuana card.

As far as uniforms, you need to check the documents you signed upon employment. An employer can only make deductions from pay if authorized by the employee.

If you did not receive your one paid 10 minute break for every 4 hours worked, in accordance to WA law, then you need to file a complaint with the WA Labor and Industries division and you can pursue a complaint for that against the employer and they can be made to pay you damages based on the number of days you worked without such a break required by WA laws.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 4 months ago
What about requiring me to pay for a drug screen?
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago

Thank you for your reply.

WA has no law prohibiting an employer from making an employee pay for drug screens. WA has very few laws regarding the drug testing of employees actually.

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Customer reply replied 4 months ago
They deducted it from my check without consent. And I returned my uniforms.
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago

Thank you for your reply.

Making deduction from pay without written consent would be a violation of the Fair Labor Standards Act and you can file that as part of your complaint with L&I along with the breaks and they can pursue return of your money PLUS an amount equal to the money taken from pay as liquidated damages.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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