Is It Legal to Deduct Drug Test Costs from Final Paychecks if Employees Leave Early?

Hello my colleagues!

Just to give you a good report on my adventure in establishing an HR Department in the company I just started working with. Things are going very well. As I mentioned before, I want to make some changes to reduce attrition, which is the biggest problem.

The company requires a drug test prior to employment, which I initially thought the candidate would pay for. However, after receiving advice here, I have decided it is better if we cover the cost. Now, what I aim to do is establish a policy where the candidate will pay for the drug test if they do not stay for more than 30 days.

In other words, create a form for them to sign, informing them that if they quit before 30 days, the drug test cost will be deducted from their final paycheck.

My dilemma is: is there anything illegal about that? We cover the cost of steel toe shoes, but if an employee leaves before 90 days, we deduct that expense from their final paycheck. Why can't we do the same with the drug test?

Please share your thoughts or ideas. Thank you all very much!

Sal

Hi Sal,

Normally, if a person leaves before 30 days of joining, their notice period will be only 24 hours, and they may not be interested in their F&F. This is my opinion; you can verify this with our friends.

Regards

Hi Sal,

As long as the employee is signing off on a statement that the cost of the drug test will be deducted, it is fine. It is also a good idea to include it in your pre-employment drug screening agreement. There should be a clause that states the employer will initially pay for the drug screen. In the event that the employee leaves prior to 30 days of employment, the cost of the drug test will be deducted from their last paycheck. This should cover you if anyone tries to sic the DOL on you.

Kim

I agree with kranders. The statement should be clear and concise, with simple language so the employee understands what he/she is signing and agreeing to. I would also recommend a witness to assure that any future dispute can be easily and quickly resolved.

I offer the following:

I, __________________, the undersigned understand and agree that if I leave (the Company name) prior to the end of (insert appropriate language: my probationary period / thirty (30) working days) for any reason, except those beyond my personal control, I authorize the Company to deduct the cost of the pre-employment Drug Test (insert DT Cost) from (my last paycheck/ any monies due me).

Further, if such deduction does not cover the cost of the Test, I agree to pay the difference between the cost of the Test and the available monies within two (2) weeks from my last day worked. If the Company is required to pursue legal means to collect monies due, I understand that I will be responsible for any legal fees incurred.

Employee Signature: __________________________

Witness: __________________________

HR: __________________________

Date: _____________, 20__​

Hi Salrod,

I agree with you. In certain cases, new joiners do leave the organization within the first 30 days. In my opinion, why not make it a part of the offer letter that an individual is required to undergo a medical examination, including specific tests, from a doctor(s), hospital(s), or clinic(s) before joining the organization? Without the fitness certificate related to the mentioned test, a new employee will not be allowed to join the organization. The amount spent by the employee may or may not be reimbursed after a period specified by the organization. This approach will benefit both parties. Employees will not feel burdened, and employers will not feel cheated when an employee leaves the organization before the agreed-upon timeframe.

What do you think?

Regards,
Anil Anand