QUESTION
Is it legal to layoff employee after injured on the job until mandatory drug test results are returned?
Asked on Dec 14th, 2013 on Labor and Employment - New Mexico
More details to this question:
I was injured on the job and went to the ER but the injury was fairly minor(drill bit through hand), I was ordered to take a drug test and was told that I was not allowed to return to work until the results of the drug test were available. I have lost approximately $1000 income due to this temporary layoff and feel that I am being punished for reporting an injury. I was released to return to work by the hospital. Only the results of the drug test are keeping me from going back to work.
1 ANSWER
4 Awards
An employer cannot terminate an employee in retaliation for incurring or reporting a work related injury. While requiring the employee to take a drug test after suffering a work place injury is common, the test results are typically known within 1-2 days. Therefore, keeping you off work without pay for more than 1-2 days may be a potential violation of the law. Many states only recognize a claim for retaliation for a workers compensation injury if the employee is actually terminated, as opposed to being suspended for a few days. Nevertheless, if you have been released to return to work by your doctor, and the drug screen tests are negative, your employer will be hard pressed to keep you off work any longer or to refuse to pay you for the time the employer kept you off work. You should contact an attorney in your state to determine if there are other legal remedies that may apply.
Answered on Dec 16th, 2013 at 3:14 PM