Legal Question in Employment Law in Florida

Re: Shy Bladder Drug Test

First, you were neither insulted or wronged by your company. They take drug use seriously, you could not give a sample, every policy says that a failure to give a sample is grounds for discipline up to and including discharge, and they are just following their policy.

Fortunately, you have a chance to defend yourself so that is what you should concentrate on. First, read the drug policy carefully to see what it says about your rights and about failures to give a sample (whether it's called a refusal or something else). Is there a right to a retest? Is there a right to an independent medical examination to prove the condition? Whatever your rights are, take advantage of them.

In any case, you should get a written explanation from your doctor that you do indeed have a shy bladder and that it is medically reasonable for you not to be able to give a sample for hours on end. The doctor's report should be specific about the condition and detailed enough so that it explains the problem clearly and with medical support. Take that with you to your hearing.

Also, if you are represented by a union, talk to your steward, check the labor contract on the drug policy and what your rights are, and it would probably be best to be represented at the hearing by your steward. If nothing else, you will have a witness.

At the hearing, bring a pad and pencil (or laptop if you're "computerized"), and take down everything that is said as much as possible. The company won't like it, but if they complain you can tell them it is part of due process that you be able to keep track of the allegations against you.

In the end result, if the company disciplines or fires you, there's not much you can do unless they have violated a labor contract or their own policy. In the former, you can grieve, in the latter you can sue for breach of contract but it's an uphill battle. Otherwise, there is no separate law that covers these situations. (I assume you work for a private company. It's a bit different for the government.)

Last, go into the hearing with a positive attitude. Explain the problem, present your medical evidence, and let them know you stayed at the test for hours without any luck. But also let them know you are open to any reasonable solution including being tested again whenever they either want to select you or your name comes up in the random pool. (The policy may say what has to happen in a case such as yours.)

Good luck.