Legal Question in Employment Law in Florida
Fired for not taking drug test
My husband had to take a drug test but his boss had him started work before.He worked for 5 days despite the policy and then she gave him papers and said to go on Monday and do it but as it was our anniversary and we had asked for 3 days off he decided to take a test when we'd come back from vacation.So we left on Monday morning and came back on Thursday night.On the next day my husband came to work and got fired and the reason she gave him was that he hadn't taken his test on Monday as his was supposed to.But she didn't specified that if he wouldn't take it on Monday he'd get fired or something like that plus he already worked.He's been with this place for 6 years.And another thing he never signed the paper(as all emoloyees do before taking a drug test) that he agreed to take it.What was the reason he got fired???This place also provides with room and board so it becomes people's home especially if you come from a different state or a country.You have no place to go.When they fired my husband he had no place to go and until now is still loking for a job and a place to stay(he's staying in motels).I don't think the way they treated him was rihgt.I really hope that you can help me .Thank you very much.
1 Answer from Attorneys
Re: Fired for not taking drug test
Depending on the wording of the company's drug policy, your husband might have committed a dischargeable offense by failing to take the test when it was scheduled. By missing three days, it looks like he was avoiding the test. However, he should have been made aware of the consequences.
He may have a case depending on what he told the company about vacation, whether it was scheduled in advance, what he was told, etc.
It may even be that he was discriminated against based on race or national origin by being fired, if others have not been fired in similar circumstances.
This sounds like the type of case where you will have to spend a little money and hire an attorney to pursue your husband's rights and try to get his job back. The alternative is to file a free complaint with the EEOC if your husband feels he was discriminated against.
In any case, have your husband call me, if he wants, for a free consultation. We can talk about the case and decide what he should do.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
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