Legal Question in Employment Law in Nevada

Suspenion without pay pending a drug test

To whom it may concern,

I have a legal question, and I�m not sure if you would like to answer it through an e-mail, or if it�s pertaining to your expertise.

I work for an auto Dealer ship in Reno NV; I was involved in a fender bender in the dealer ship�s parking lot with another employee in two customer�s cars. I have worked for this dealer for 14 years and have not have an accident like this, both my self and the other employee were sent to have an alcohol and drug test that morning. I had a blood alcohol % of 0.00.

When I came back I was told both of us have been suspended pending the out come of the drug test. This is a new policy that this dealer has started, anything over $500 damage results in a suspension pending the out come of the test. I then asked if the results come back negative for any drugs will I get paid for the time they have told me to not work and go home? I average 16 hr. a day, under a flat rate system, this happened Thursday morning and I was suspended from Thursday noon and Friday, totaling 24 hr. I would have earned.

My question is this, can a company suspends an employee without pay pending a drug test, and when that test comes back negative do they have to pay said employee the time lost?


Asked on 7/19/04, 8:30 pm

1 Answer from Attorneys

Paul Malikowski Malikowski Law Offices, Ltd.

Re: Suspenion without pay pending a drug test

In the absence of an enforceable written employment agreement providing to the contrary, you may be fired, suspended or otherwise laid-off with no notice or cause, under the "at-will" employment doctrine. There are a few narrow exceptions to the rule. Under the same doctrine, you are free to go to work for any other employer of your choosing at any time with no notice or obligation to your present employer.

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Answered on 7/20/04, 4:34 pm


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