Legal Question in Employment Law in Tennessee

illegal drug tests and wage dedutions
I work for a small company which tries to save money any way it can. Unfortunately, they do this by docking 3 hours if you forget a punch in or out, even if you notify them it was missed. I only found this out because the girl who does payroll let it slip. Is this illegal if they don't notify you or get your approval? It was nowhere in the employment package I signed. Also, they sent us in for random drug screening. I have been clean for 5 years, and was certain I would pass. The drug testing place told me I failed, and one of the guys I went with who told me he smoked weed that day passed (although he probably would never admit it to them just to clear me.) They told me that I would have to pay for my own monthly drug testing for a year in order to keep my job. I told them that I thought that should be illegal, and haven't heard about it since. Can this affect my job in the future? Given that I didn't sign a drug test consent when hired, was the test even legal? What should I do? I am willing to take a blood test to prove my innocence, but they will make me pay for it. I don't know what my rights are with this company.

Asked on 7/26/06, 2:50 am

Alan Crone Crone & McEvoy, PLC

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Re: illegal drug tests and wage dedutions

You have two important issues:

1. They cannot dock you 3 hours for mispunches.

2. There are strict guidelines which control drug tests and it appears they are not in compliance with all of them.

You should consult an attorney to help you with this situation.

Answered on 7/26/06, 8:13 am

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