[fedmanx]

I was recently in a wreck and there was alcohol involved, during my recovery time they moved someone else into my position and have taken put me in a different store will a huge pay deduction , my pay before hand was 2000 salary plus a percentage of the store gross, the two weeks that I was in the hospital they did not pay me the 1000 salary for those two weeks, they have not given me any type of new pay scale at this point and I have been working three days that way, also the year I have been with the company no one has ever been drug tested but the two owners in the meeting a couple of days ago said that they will be giving me random drug tests on a monthly basis, is all this sound legal?

[Fr_Chuck]

I will assume the alcohol involved was you? And that you were at fault ? Was the wreck in a company vechile ? Was it on company time ?

They may, if you don't have a contract lower your pay and change your benefits anytime they want.

I would say there is a logical reason, many managers or owners don't like people who drink and drive, and they may have concerns that if you drink and drive ( always what time of day was it, 6 pm on the way home ? At noon on lunch ?)

But this also has a moral issue, and many firms do not want managers that show a moral issue

[fedmanx]

I was not on company time or in a company outfit, this happened late at night, also I have only been charged with driving under the influence but not convicted. Also Idaho labor law says they cannot take any portion of your wages without telling you the reason why they took it, and that they must notify me of what the deduction in my wages will be before work being performed which they have not done yet, we had a meeting discussing what to do but nothing was ever put in writing or ever come to agreement on.

[ScottGem]

OK, First, they cannot start random testing of you alone. They can start random testing at any time, but it has to be applied across the board. There has to be a policy put in place stating what class of employees will be tested.

Second, if that's what the law states, then you ask for another meeting, show them the law (Code 45-610) and ask for the explanations. But don't be surprised if you are then terminated. Even though 45-613, prohibits that, Idaho law does not require a reason for discharge, since its an at-will state.

Oh and they DID have a logical reason. Some people take a very dim view of DUI. Even though there may have never been any hint of drinking on the job, getting behind the wheel when drinking shows a lack of judgment that can carry over into the workplace.

[JudyKayTee]

I agree - it's an employment at will state. No reason needs to be given. Whether employees are paid for sick time depends on company policy. If it's not discriminatory, it's legal.

And, yes, employees have been fired for lack of judgment - and driving while intoxicated is lack of judgment.

Agreed OP has not been convicted but apparently employer isn't going to hold the job open while the charge plays out.

Again - employment at will.

[twinkiedooter]

They could have fired your altogether with no reason given, Be happy you at least have some kind of job albeit at a lower pay. They may decide to "trust' you again in a higher position once you've probed you are not a "drunk" driving around late at night getting into wrecks. Be happy they want to test you as this is a way you can prove yourself to them - provided you don't drink all the time, that is. It is not legal for them to test you but if you don't go along with their program you may find yourself fired or conveniently laid off. The choice is yours.