Is this legal?

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billdozier 78

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Worked for a company for about a month and a half. Better opportunity arose so I took it. Just got my last paycheck. They billed me for the drug test they required and it looks like clearance on me working at a school. This is in the state of Florida. Can they legally do this? Reasons 4 leaving, never had an official interview. If I had I may have passed on this job. My skill set did not match what they needed. Thanks
 
In my opinion the cost of the drug test is just part of the employers expenses. If a potential

employee fails the drug test, is the employer going to send the bill to the now unemployed

electrican ? The same logic would be applied to a background check.
 
I don't know /florida labor law but in our state I could not do this on a final paycheck. We do both drug testing and background and it is pre employment and on our dime. I would contact the florida dept of labor
 
As far as I know they can make you pay for a drug screen as a requirement to get the job. They cannot however go back after the fact and make you pay for it without a written agreement from you allowing them the right to do so.
 
Thought this would help, sorry...

Payment upon Separation from Employment

Florida does not have any laws dictating when an employer must pay wages to employees
who:
- have been fired or discharged;
- voluntary quit or resign;
- have left work due to a labor dispute or strike; or
- are laid off

Wages in Dispute
Florida does not have any laws requiring an employer to pay an employee wages
conceded to be due when involved in a wage dispute with the employee.
Deductions from Wages

Florida does not have any laws regarding what deductions may or may not be taken from
an employees paycheck or whether an employee must provide written consent prior to any
deduction. The lack of a law prohibiting deductions likely means an employer can withhold
or deduct wages from an employees pay check for:
- cash shortages
- breakage, damage, or loss of the employer's property
- dishonored or returned checks
- required uniforms
- required tools
- other items necessary for employment

In accordance with federal law, an employer may not make deductions for any of the
above-listed items if it would cause the employee to earn less than federal minimum wage
for the period in which the deduction was made. DOL Fact Sheet #16.

Deductions to pay for an employee's portion of any fringe benefit would be permissible.
Fringe Benefits.

Uniforms, Tools, and Other Equipment Necessary for Employment
Florida does not have any laws prohibiting an employer from requiring an employee to
purchase a uniform, tools, or other items necessary for employment, except for employers
operating a labor pool. Labor pool employers may not charge day laborers for any safety
equipment, clothing, accessories, or any other required items. Florida Stat. Chapter 448.24

Medical or Physical Exams, including Drug Tests, Required for Employment
Florida does not have any laws prohibiting an employer from requiring an applicant or
employee to pay the cost of a medical examination or the cost of furnishing any records
required by the employer as a condition of employment.

http://www.employmentlawhandbook.com/WageHour/State/Florida.html
 
billdozier 78 said:
Worked for a company for about a month and a half. Better opportunity arose so I took it. Just got my last paycheck. They billed me for the drug test they required and it looks like clearance on me working at a school. This is in the state of Florida. Can they legally do this? Reasons 4 leaving, never had an official interview. If I had I may have passed on this job. My skill set did not match what they needed. Thanks
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I doubt if they can legally charge for a drug test unless you signed some sort of contract agreeing to pay for the drug test.

I would call they labor board or just call the company and threaten to report them.

In years past I have had several employers try to keep some of my money for one reason or another and none of them ever got away with it.

Remember to read "everything" you sign and to read your employee handbook.
 
Did you sign any documents when you took the job? I could see a fine print clause stating that you're responsible for such expenses if you leave before a predetermined amount of time.
 
How much is the amount in dispute?

Is it worth putting much into recovering it aside from the satisfaction of them not getting away with it?
 
billdozier 78 said:
Worked for a company for about a month and a half. Better opportunity arose so I took it. Just got my last paycheck. They billed me for the drug test they required and it looks like clearance on me working at a school. This is in the state of Florida. Can they legally do this? Reasons 4 leaving, never had an official interview. If I had I may have passed on this job. My skill set did not match what they needed. Thanks
Click to expand...

I don't see how that could be legal after the fact and besides it is a business expence so it sound like they are just busting your chops for leaving.

That's very low of them .:happyno:
 
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