We had a guy who had a wreck in a company truck and tested positive for drugs. He had worked all week. We denied him his paycheck because of the positive drug test and fired him did this violet any laws
I don't believe you can deny him his wages just because he tested positive for drugs. Depending on your state laws you can however withold whatever he owes for damages and give him what's left if there is anything left. Be mindful some states will make you pay him his full check and then sue for damages so check with your state and see which applies. He probably at least owes the insurance deductible for the company having to repair the vehicle he caused damage to.
Y'all still owe him the $. Check the laws of your area. Pay the man.
In California, if you withheld a paycheck, regardless of the issue, you would be fined by the labor relations board, penalized for every day you have not paid, and with interest.
Hello Mavis, While what you describes seems like a reasonable action to take, legal issues such as this will vary from state to state, so I'd recommend seeking out legal counsel that is familiar with your local laws.
You have to pay him his final paycheck you can't withhold wages this is why you carry insurance to mitigate damages.