I want to sue my employer for unpaid wages. This stems from supervised urine drug testing that are performed on us on a 6 month basis. My reasoning is that they are monitoring my off time activity. They have no right to tell me what I can and cannot do when I am off duty. If they feel they can tell me what I can and cannot do when I am off duty, then technically I am not off duty and I should be compensated. A urinalisys is an indiscriminate drug test, it does not test for impairment, it only tests if drugs were in the system for up to 30 days. Other tests are available that have a shorter timeframe, like saliva testing, which goes back 8-12 hours. Lets say I go to Colorado on Holiday and I partake in recreational marijuana use. If I return to a drug test I stand to lose my job. So when I am in Colorado I must make a decision not to smoke pot because my employer forbids me having THC in my system. In my opinion, they are telling me what I cannot do on my own time, basically a direct order when I am off duty. Please advise.
Georgia is an employment at will state. In Georgia no person has a right to work for another person. No person has a right to a job. It is the employer's choice whether he wants to hire or retain an employee. And he can place whatever lawful conditions he wishes upon his decision to hire or keep you employed. It is your choice as the employee whether you want to continue working for an employer, including one that adopts a "zero tolerance" policy on illegal drug use.
The fact that the employer's drug policy crimps your lifestyle choices outside of work does not make the time outside of work compensable under either federal or state law. You are only paid for time that you work. Not for time you spend in a pot-induced daze outside of work. The fact that the employer's policy inhibits your freedom to partake does not make the time compensable under the wage hour laws.
If you partake in marijuana while Colorado, you may not be violating Colorado law but you are violating federal law. There is no "legal limit" for THC metabolites in your bodily fluids. Some individuals are more susceptible to impairment on small amounts than others. Thus employers adopt "zero tolerance" policies. If you choose partake in drug use in Colorado and return to Georgia and are found with THC metabolites in your bodily fluids the employer has every right (and indeed under the Georgia Drug Free Workplace law he is encouraged) to fire you.
My advice: Grow up and take responsibility for yourself rather than allowing your brains and your future to dissolve in a haze of marijuana smoke.
Michael A. Caldwell
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