San Bernardino, CA asked in Employment Discrimination and Employment Law for California

Q: Am i entitled to my pay immediately? Also is this wrongful termination? And can they drug test me based on that?

I work for a security company that i have been having hostile work environment issues with. I have been treated unfairly for the past 2 months by management. I went into work on the 3rd and a fellow employee that is also related to Desiree, the site manger, that i have been having issues with, called management and told them i look high. The owner of the company Steve asked me to take a drug test them he said he can tell i was stoned. I told him that i wad on prescription medication for my impacted wisdom tooth and he nust continued to accuse me. I told him i refuse to take the test because i felt disrespected and discriminated against. I also told him that I've been seeking legal help for all the break laws he has been breaking and he started being unprofessional and cursing at me.

1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
Answered
  • Employment Law Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: The security company for home you work has the right to impose a drug and alcohol free requirement on employees. If you had to take prescription medication you should have advised your immediate supervisor of that fact so that you could get clearance to work or not. Based on the information you provided, I do not believe you had any reasonable right to refuse a drug test, after you admitted that you were on pain medication for an impacted tooth. You put yourself in a difficult situation by taking the medication and then showing up to work without first advising your supervisor that you had to take pain medication.

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