Legal Question in Employment Law in Massachusetts
I am employed in Massachusetts. I was driving a work vehicle when I was involved in an accident, no one was cited at the scene, and the police did not file a report, they just told both parties we had to file our own. I had to take a post accident drug test, which I informed my boss I would fail, and I knew I would. I failed the test and now am going to be terminated because of it. I accept this fate, as it was my fault I failed the test. My question is can they with hold my last paycheck for any reason or deduct anything from it because I failed the post accident drug test? I was also not tested within the 8 hour period, I took the test almost 24 hours later.
1 Answer from Attorneys
No, they may not withhold any payment from you.
If you are unable to obtain payment from your employer, you should speak with an attorney about your ability to file a wage and hour complaint with the attorney general's office. The penalty for failure to pay wages when due is automatically three times the amount you are owed, plus attorney's fees.
Many firms, including our office, takes wage claims on a contingent basis, meaning that you do not actually pay any attorney's fees unless and until some recovery is obtained on your behalf.
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