Legal Question in Health Care Law in Florida

Drug Test Policy Violation

I was recently selected for a random drug test by my employer on the Wed. before Xmas. I complied and did the test. Just before I went for testing I told a company manager I was takeing pain medication prescribed by a Dr. and I was fairly certain it would give a positive result on the drug test. I also gave the Co. manager the names of the drugs in writing. I also told the tester I was on medication but was told there is no place on the testing documents to note this. Fri. afternoon @ 4PM I recieved a call from the reviewing officer at the testing lab stating I had a positive test result for a prescription drug. I told him I had a prescription. He said I had untill 5PM mon. to fax either a copy of my prescript. on my Dr. letterhead with signiture or a printout of my recent prescript. history from my drug store(CVS) in order to clear the test. On Sat. morning when I went to work I was taken to an office with 2 supervisors and told that I was suspended indefinitely and I was to report to HR on Mon. for an explanation. On Mon prior to seeing HR I faxed my CVS script history to the testing fac. At HR iwas told of the test results. Due to the testing Co. not allowing me time to clear up the test I was susp. and lots of people now know


Asked on 12/30/07, 9:17 am

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Drug Test Policy Violation

What was your loss? I assume you told everyone that you had a prescription and that you are now back at work.

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Answered on 1/05/08, 10:48 pm


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