Drug Tests

Is it legal in the state of Ohio to deduct the cost of drug
tests from the employee's check, if they quit withing the first two
weeks? This is a big prolem at the Company I work for. My boss
says we cannot legally do that, but it was done at the Company I came
from.
tests from the employee's check, if they quit withing the first two
weeks? This is a big prolem at the Company I work for. My boss
says we cannot legally do that, but it was done at the Company I came
from.
Comments
"While I know of no case law on the subject, I believe it would be
illegal to deduct the cost of a drug test for two separate reasons. First,
ORC 4113.21 says an applicant cannot be required to pay the cost of a
medical examination as a condition of employment. Second, ORC 4113.15 says
an employee is entitled to his full pay less only authorized deductions. I
assume that the employer here did not have the applicant sign an
authorization allowing a deduction for the drug test if the applicant left
early."
-Bob Lamb
Denlinger, Rosenthal & Greenberg, LPA
Ohio Employment Law Letter
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