can employer charge u for drug test if one was not taken

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can employer charge u for drug test if one was not taken

I work for a temporary company was
told if u quit before 30 days they
will take 45 dollars out of your
check for drug testing. I did not
take a drug test. Can they still
take money even though test was
never given?

Asked on March 2, 2018 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If at the time you started working for them, you were aware that if you left before 30 days, they could take $45 out for drug testing, then unless the policy or agreement specifically stated that you would only be charged if they performed the testing, they could take regardless of whether they did the testing or not. If you take a job allowing $45 to be taken from you if you leave before a certain time, you agreed to have the money taken if you left prior to 30 days--it doesn't matter what they actually do with the money, since you agreed to let it be taken.


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