Penalized for medical condition

[Pinual]

I have been on Adderall for about 18 months for ADD. I work for a company that just started doing random drug testing. My boss knows I take Adderall and has my doctors note. When I failed a random they sent the test off for more testing to confirm that it was in fact the Adderall and not some other drug. I was sent home for three days while they did the additional testing without pay (this also effected my attendance incentive pay because I was "reset" for missing a day of work.)

My problem is that they intend on doing randoms once a month and have informed me that I will be removed from the schedule whenever I test hot. Three days income is a lot of money for me. I feel like I am being punished for having a diagnosed medical condition.

I am not wanting to sue them or anything but I confront them on this issue and would like to know where I stand legally.

Thank you anyone who has the time to respond.

 

[army judge]

Did you know that Adderall is in the family of methamphetamines? That's what concerns your employer.

Have you spoken to your HR Department about this? If, not please do so.

Are you required to operate heavy machinery on your job? Do you operate motor vehicles in the course of your employment? Are you required to possess a commercial drivers license?

Do you understand your employer's concerns

 

[Pinual]

Have you spoken to your HR Department about this? If, not please do so.

I have spoke with HR. They have my note and were aware of my medication before the new policy went into effect. I have requested information here because they admitted that they do not know what the proper/legal response is. "HR" is our payroll/AP admin. We are a smaller company with only about 100 employees. They got in trouble last year with a violation of the FMLA already and "HR" and my boss are talking to the lawyer he contracts with.

I think its important for both parties in a situation to attempt to collect advice or information. As I said in my last post, I have no desire to sue and if they are legally in the right I will accept that and figure out how to live on two days less pay each month. Two days is pretty much my entire food budget so that will be fun.

Are you required to operate heavy machinery on your job? Do you operate motor vehicles in the course of your employment? Are you required to possess a commercial drivers license?

No, No and No. I sit at a desk. I handle paperwork, contracts, phones, IT and Work Comp.

Do you understand your employer's concerns

I do understand my employer's concerns. I simply have my own on what the correct legal thing to do it. Again, I am not looking to hurt my employer; well other then refusing to answer his IT questions when I was suspended. Screw That.

 

[army judge]

Have you spoken to your HR Department about this? If, not please do so.

I have spoke with HR. They have my note and were aware of my medication before the new policy went into effect. I have requested information here because they admitted that they do not know what the proper/legal response is. "HR" is our payroll/AP admin. We are a smaller company with only about 100 employees. They got in trouble last year with a violation of the FMLA already and "HR" and my boss are talking to the lawyer he contracts with.

I think its important for both parties in a situation to attempt to collect advice or information. As I said in my last post, I have no desire to sue and if they are legally in the right I will accept that and figure out how to live on two days less pay each month. Two days is pretty much my entire food budget so that will be fun.

Are you required to operate heavy machinery on your job? Do you operate motor vehicles in the course of your employment? Are you required to possess a commercial drivers license?

No, No and No. I sit at a desk. I handle paperwork, contracts, phones, IT and Work Comp.

Do you understand your employer's concerns

I do understand my employer's concerns. I simply have my own on what the correct legal thing to do it. Again, I am not looking to hurt my employer; well other then refusing to answer his IT questions when I was suspended. Screw That.

These things often take time.
I can see why you're annoyed, especially if they sent you home, and subsequently docked your pay.

I suggest you wait and see what the lawyer has to say.
In the interim, you're smart to avoid confrontations.

When they come back with an answer, you can determine your next move.
I think the lawyer will vindicate you.
When that occurs, they'll reimburse your losses.

If they don't, I'd inquire about the three days lost pay.
But, keep on keeping it cool, because in these tough days; some employers look for any reason to say goodbye!