Ocean Springs, MS asked in Employment Law for Mississippi

Q: I was asked to take a urinalysis and have been suspended for 2 weeks while waiting for the results. Is this legal?

I filed an hr complaint for harassment against an employee at work. Since making that complaint I was asked to take a urinalysis drug test after returning from lunch break. I was suspended immediately until the results come back. However it’s been two weeks with no follow up. Is it legal to be on suspension that long without pay for two while awaiting results?

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1 Lawyer Answer

A: This depends on why you were selected for the drug test. If the selection was random, or if your employer has a work-related reason to test you, then it can require you to remain out of work until the results are received. However, if you believe you were selected based on your complaint of harassment, you should contact a Mississippi employment attorney to explore the potential for a retaliation claim.

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