Drug Tests
gstep
3 Posts
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
[url]http://www.hrhero.com/ohemp.shtml[/url]