Legal Question in Employment Law in Florida
duty to report?
I work at a jobsite that says it's ''zero tolerance'' - We all took a drug test to be hired.This guy I work with comes to work drunk just about every day - he stinks of wisky & talks like he's drunk. My boss knows about it & does nothing. This guy was hired before the drug testing was started. I want to tell the company office because this guy drives around drunk & I'd feel guilty if he killed somebody when I knew & could have told the company. Except other ex employees say they were let go right after they tried to talk to the boss about the same guy. I believe it too because the boss told me that he let the last guy in my spot go because ''he was saying things about other workers'' & he couldn't have that. What can I do legally?
1 Answer from Attorneys
Re: duty to report?
This is really upsetting. Unfortunately, if you believe that your boss will retaliate against you for complaining about this driver, reality is that there is very little you can do to truly protect yourself. Florida is an "at will" jurisdiction, and unless you are terminated for a specifically prohibited reason, you will probably have difficulty prevailing on any claim. If you are truly concerned about this individual driving around like this, you could get creative. You could place an anonymous call to the police or 911 when the man leaves drunk and identify his vehicle and license plate and where he is heading, and let them know that the boss knows this but has terminated previous employees who complain of this. He will probably get pulled over, and if the imformation about the employer gets to the State Attorney's ears and the State might press criminal charges for conspiracy against the boss. I am not a criminal law attorney, but have heard this before.
Good luck!
Mayra I. Col�n, Esq.
Board Certified Labor and Employment Attorney,
Col�n Partners, P.A.
www.colonpartners.com
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