Legal Question in Discrimination Law in Florida
Unlawful search
I work as a tug captain, an employee that had a problem with me contacted my office and reported i was drunk while in puerto rico. The port captain came and took me to an approved facility and drug tested and breathalyer, results were negative on both. While i was gone, the office in jax authorized my accusor, an employee of mine to search my room without my presence, knowledge. While doing this he found a prescription i had for xanax written back in february, one month after my only child (15) was killed in an auto wreck, half of the 30 were still in bottle and i just had with me i didn't take while on vessel. Other problem was my mother-in-law had just died in late april and i had a bottle of her valium also in my brief case, however had never taken any. Drug tests showed no drugs or alco. My question is, one could they search my personal belongings without my knowledge and second can i be terminated for having the valium prescription in my possession, would they consider the circumstances. Again i tested zero and was again test when return to jax and tested zero. Thank you.
2 Answers from Attorneys
Re: Unlawful search
Since the search was by a private person and not a governmental official there is no illegal search. Check your employment written policies regarding reasons for discharge. Should anything come of this you can call me if you wish.
Re: Unlawful search
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication.
My heart-felt sympathies go out to you and your family. It sounds like you have had a really awful year.
As to your first question, of whether it is unlawful for a private person to search your belongings on a vessel; this is a criminal (and not a civil) question which would better be addressed to a police officer, state attorney, or local official depending on where it happened. Possibly it could have the elements of a burglary or trespass but nothing was taken. Although I do not know the answer to your "criminal" question, I do not think there is anything unlawful because nothing was taken, and other than having your privacy invaded, you have not been victimized in the "criminal" sense.
As to whether you may be terminated for taking prescription medication, there may be a question as to whether you are taking the medication to cure a disability recognized under the Americans with Disabilities Act, exceptions under the ADA concerning employees who take medication and who are required to operate heavy machinery or vessels, and whether you have an oral or written contract for employment.
In addition to the above, I would also like to discuss whether you have considered retaining a law firm to resolve your son's auto accident. Right now I probably have more questions for you than I have answers. If you would like to discuss your case more fully, then feel free to contact me for a free consultation.
Yours truly,
Randall Gilbert
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