Can former employer charge me for drug testing my replacement?

[tonkatoy]

What is the name of your state? Texas
I'm a truckdriver. I started having trouble with the brakes on the truck. I told the truck owner & he said he'd fix them "next week". This went on for approx. 2 months. I gave him 2weeks notice that if he didn't get the brakes fixed on the truck I was quitting. I have had 3 different diesel mechanics look at the brakes personally. They all stated that the brakes are NOT within D.O.T. standards & that if I got pulled over I would get fined. I quit before I was held responsible for any possible accidents ,causing injury to myself or other drivers on the road. Now, he owes me for the last week I worked & is telling me that he is going to withhold from my pay the cost of getting a drug test for a new driver & the training of that driver. Can he do this? This truck is UNSAFE not only in my opinion,but according to D.O.T. regulations !

 

[Beth3]

No, he cannot do this. (a) Texas reg's require that final wages be paid no later than the next regular pay day and (b) he can't hold your pay hostage or make deductions for things you have not expressly authorized.

If you are/were not paid on the regular pay day following your separation, contact Texas's Department of Labor and file a complaint. I suggest you also contact the DOT and inform them of the brake violation as well. This company owner is putting the lives of his drivers and the general public at risk.