Legal Question in Civil Litigation in Kansas

I laid my semi truck over and was not ticketed and refused a drug test the next day so can that employer refuse to pay me my per diem pay owed to me up to the accident?


Asked on 1/16/13, 9:17 am

1 Answer from Attorneys
Anthony Smith LawSmith

You (or your attorney) need to examine the agreements you made with the employer. You may have agreed to submit to random drug tests, (or after an accident), the refusal of which, relieves the employer from the duty to pay your per diem. You might also examine your agreements to see if they are only obligated to pay the per diem upon delivery of the shipment.

Other than that, an employer would still be liable to pay, but an independent contractor may not.

Good luck

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Answered on 1/18/13, 2:25 am


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