Legal Question in Employment Law in California
Suspension awaiting uranalysis results. Pay for missed days?
Why an individual is on suspension from a hospital while waiting for the results of a drug test, should that individual expect to be paid for missed days of work should the results prove negative of drug use?
The indivdual was suspected of drug use after sleeping on lunch break and returning with red eyes and sleepy.
1 Answer from Attorneys
Re: Suspension awaiting uranalysis results. Pay for missed days?
It depends on the employer's policy regarding drug testing.
A more critical question is whether the employer had reasonable cause to order the drug test in the first place. Generally, the employer must have reasonable cause, based on objective facts to support a demand for a test. Red eyes and sleepy may not be enough.
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