Charge for Failed Drug Screen?

TX Annie

Hi all,

We are in the process of updating our Handbook. We would like to add to our Substance Abuse Policy, that anyone who fails a drug screen will be charged for the drug screen and the cost will be deducted from the final paycheck. Is this legal?

Thanks in advance for your help.

Rockie

These things usually come under the cost of doing business and I doubt very seriously if it would "fly" for you to charge for a failed drug test. Consider it money well spent.

lhill

You can't take it out of a check if you don't have a signed authorization in the ee's file. If one of our employees fails a drug test he/she is terminated, and we consider ourselves lucky to get by with just the cost of a drug test instead of a lawsuit from an employee getting high, getting in a company vehicle and injuring (or worse)an innocent driver or pedestrian.

durasupreme

You may need to check your state laws - in Minnesota if the drug test is required by the employer, the employer is responsible for the cost, regardless of the outcome, positive or negative.