Legal Question in Employment Law in Florida

Termination

My employer requested me to undergo a drug test, because of responable suspecion (I was late twice, and I feel asleep during my break), and I went, I was called 3 days later by my boss and he told me I was fired because the drug test came back positive. I have never used drugs, and was wondering, under state law, if they are required to let me retest, even at my expense. I live in Florida. Thanks,--name removed--Wiseman


Asked on 10/22/07, 7:09 pm

1 Answer from Attorneys

Bob McCormack Lewis Brisbois Bisgaard & Smith LLC

Re: Termination

Typically, employers obtain a "split sample" which means whatever means by which they did the original test (urine, hair, blood) will be split into two separate samples. If you do not like the result of the original test (which is usually a less comprehensive test). The employer may agree to conduct a second test on the other sample (which is sometimes a more comprehensive test). Chances are that if the first sample tested positive the second one will also. There are many ways that these can be incorrect, including a failure to properly control the chain of custody of the sample. I usually recommend that the person obtain a completely new test from an independent laboratory. This should be done on the same day as the original test if possible. If too much time has gone by the argument will be that the drugs could be gone from the individual's system. Separate tests are also expensive, but often worth it to keep your job. If you already have the results it is likely that too much time has passed to argue a new test will accurately reflect your status at the time the original sample was taken.

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Answered on 10/23/07, 9:19 am


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