I'm an hourly employee for a private company. My position requires random drug testing. In the past, the tests were conducted at my job site while I was on duty. Now my employer requires me to submit to testing on my days off and refuses to compensate me for my time or mileage. Is this legal in IL??

For your mileage, yes, it's legal. It's no different than if you were coming in to work on your day off; Illinois law does not require you be paid for commute time to/from your work site.

For your time, no, it isn't; you can file a claim with the state Dept. of Labor.

Thank you for your help. Maybe you can answer the other part to this. This is the 2nd time in recent months I have been selected for testing. I went the first time and submitted the hours on my timesheet. I was denied payment. I was advised last week that I was selected again. I informed my employer, in writing, that I would not be reporting for duty until I had a written statement from them that I would be paid for taking this test. My employer has since contacted me and stated, that according to their attorney, since I did not report for duty and because I reportedly cleaned out my locker, I resigned my position. I have not reported for 1 shift so far and I still have personal belongings at work. What?

That was not a bright thing to do. And it is perfectly legal for your employer to discharge you for not showing up to a mandatory assignment. The reason it is not illegal is that you have options for getting paid for time if the employer doesn't pay your correctly. It's called filing a claim for unpaid wages with the state Dept. of Labor and it's free.

Thanks again. So you would agree that I was discharged then? That I did not resign?

If you cleaned out your locker and haven't reported to work, then I'd consider that a resignation. Putting in writing that you aren't returning until they promise in writing to pay you to take the test pretty much spells out resignation as well. This is why ultimatums are a very bad idea.

I agree with ElleMD. It was not a discharge, it was a voluntary quit (job abandonment).

I think an argument can be made that you were discharged.

However, I also think the label put on your separation is irrelevant. As others have stated, you should have obeyed their not unreasonable directive, then complained about the matter of remuneration.

Whether it was a discharge or constructive discharge it was not unlawful.