Can an employer not pay you for time worked because of a failed drug screen?

I got a job with a community action group and was not aware of the drug screen. After I found out, I felt that I would pass since it had been quite a while since my last use so I took the test and hoped for the best. It took 5 days for the results to come back to the employer and I worked for those 5 days for 7 hours a day. I didn't pass the drug screen so they terminated my position. I brought back all the gear they had requested and signed paperwork that the crew leader said would get my paycheck to me without me having to come by and pick it up. I waited 3 weeks and never got a paycheck. I started calling the crew leader and she just ignored my messages and wouldn't call me back. I finally e-mailed the director of the program and she informed me that I would not get paid for the hours worked because of the failed drug screen. Can this really be allowed?

1 answer  |  asked Mar 17, 2013 09:24 AM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
Your employer cannot refuse to pay you for work that it permitted you to do, whether or not it later decides not to continue your employment.

Consider filing a claim in small claims court. State that you worked X hours over Y to Z days, at a promised wage of A, for unpaid wages of X x A. Also, Google Ohio Revised Code 4113.15, which is the prompt wage payment law. It states that you can receive additional amounts if your employer fails to pay you timely.

posted by Neil Klingshirn  |  Mar 17, 2013 11:37 AM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Contact Neil Klingshirn

Neil Klingshirn
AV rated Super Lawyer and Employment Law Specialist
Independence, OH
Phone: 216-382-2500