i failed a random drug test ,does an employer have the right not to pay me for earned vacation pay?

Question

i am an occassional marijuana user , i dont drink or use any other drugs, i like to smoke a bowl on saturday night . never have went to work" high" or have been "high" on the job.i worked for this company 8 years have not missed or been late for work in 6 years and was a highly valued employee until a random drug test. anyway ,i had 3 weeks paid vacation coming ,do they not have to pay me?

Answer 1

I'm not sure if it is the same but when my co-worker failed the same thing as you my company gave him payed time off and just had him retake it the next month to check his levels he did not get fired otherwise they would be firing half the company. LOL

Answer 2

Whatever your company policy is, that is what will happen. There should be a written version somewhere. Most likely, if you have earned your vacation, then you should be paid for it. If not, ask why not. If nothing is written, then ask for it. Because you are fired, you should not lose what you have earned. If you get those three weeks each year and you have not worked a full year, don't expect it. You may bargain for a portion tho'. I can't wish you good luck because you chose yours. Why do drug users take jobs where they are tested? It means the company wants drug free people and you aren't it. They have wasted time and money on you and you probably signed a drug free policy. . .so you really weren't a good employee-just a liar.

Answer 3

It sounds as though you think they are going to fire you, if they haven't already done so. In either case, you might have remedies available IF other employees who have failed drug tests have been given a second chance and you weren't, particularly if you believe that you are being treated in a discriminatory fashion based on your sex, race, age, national origin, religion, sexual orientation (in certain places), or age, or are acting in retaliation for your having engaged in protected activity such as union activity or for having filed an internal or external EEO complaint.

If, however, your employer has a uniformly applied zero-tolerance policy and has fired other similarly situated employees, you might have a hard time of it.

They cannot, however, refuse to pay you for vacation time you have already accrued or to pay you back wages or commission unless you owe them money for some reason.

Please, please, please contact your local bar association and ask them to refer you to an attorney who specializes in employment law. This way, you'll be able to speak to someone who is familiar with the law in your area. If you're in a union, talk to your shop steward, but don't count on much - they're usually fairly ineffectual at much more than writing strongly worded letters.

Unfortunately, the ridiculous thing about random drug testing is that the employee who smokes an occasional bowl can be caught up in something like this, while alcohol and cocaine are gone from the system fairly quickly. This means that the bus driver who takes you to work could be high as a kite as he drives that bus, but still not be affected by random drug testing.

Answer 4

Depends on the State where you work. I would sure contest it and I may get a lawyer because drug tests are not always 100% correct. I am sorry this happened to you but if the company has a drug policy and you ignored it then they can fire you but I am sure they have to pay your for vacation that they owe you. You can also claim unemployment; at least try to claim it because the State can help you.

You need to clean up your life and quit using pot because it is not good for anything and look what it has done for you. I cannot tell you all the friends and relatives I have seen in my life achieve nothing and lose much because they insisted pot was not a drug and did not make them lazy, paranoid, and stupid; which it does.

Answer 5

Depends on two things

1. The specific laws of you state
2. Any contract you've signed.

I had to sign a form that said that if I tested positive for drugs my employment would be terminated. It didn't say anything about loosing my vacay pay.

Next time you are put in a situation where you have to do a drug test and you know you're going to fail it you are better off refusing to do it and getting fired, until they actually 'prove' anything you are not guilty. Of course refusing to do the test is seen as an admission of guilt but they at least they don't have any physical evidence, its all circumstantial.

Answer 6

Contact your National Labor Relations Board. Or the NAACP, if you have a union representative, go over their head & go straight to the International. If you don't have a union, you're out of luck! United we stand, divided we fall. The unions protect us from unfair management practices. AND what you do in your personal life is none of their business, it is an infringement on your right to privacy; you might consider getting an attorney, to assist you to arrange for payment. If you do nothing, it makes it that much harder for those of us that do! Get busy, eight years is a long time to surrender, for something that should be legalized in the first place. Before you know it, they will be testing for cigarettes for health insurance reasons, which some companies have tried already. Our nation needs to remain sovereign, & we have the right to privacy. I don't approve of illegal substances personally, but you evidently weren't doing this on company grounds. Good luck in your battle! Please see an attorney!!! ASAP

Answer 7

If the company has a drug policy then, by default, you are in violation of the contract that you signed when becoming employed by them. If the contract is void by your doing, then the employer is not bound to honor the contract.

Your only hope is to find a lawyer and hope that the HR department messed up the paperwork somewhere.

Answer 8

If you were on your vacation, during that time and the test was done after your vacation was completed, they could not pay you but most likely will then fire you.

Most likely you will be paid for it but get fired for drug use.

Answer 9

They have to pay you. Look in your employee hand book, And they have to give it to you when you are fired. Not 2 weeks later. Find a good atty and sue the shite out of them

Answer 10

They have to pay you for wages earned, not so sure about vacay time, but it is basically the same. Just search for your local dept of labor and their laws should be on the site if not call them.