Legal Question in Employment Law in Florida

Former worker

We recently fired a guy from our office after we discovered he was smoking marijuana on the job. He was a programmer who was working on our health insurance claim application. He did a terrible job. Obviously now we know why. Nothing functioned as it was supposed to and in the end it cost us far more to fix the problems this guy caused both with the programs and damaged relationships with our customers. Some time has passed and we've recently learned this individual was hired by a company that writes the software for heart monitors. I don't how this guy got hired by this company without them contacting us for a background check. Nor how he could pass a drug test? (This is a high profile company with equiptment in many hospitals)

Should we contact this company and tell them about him. Somebody's life could be at risk, but would we be at risk for being sued? jjames


Asked on 9/25/06, 10:14 pm

1 Answer from Attorneys
Kelly Henderson

Re: Former worker

Based on the limited facts, it does not appear you know if this person is a current drug user. If he is, his current employer will probably find this out fairly quickly. As his current employer has not asked for a reference, I would not give one. Going out of your way to see that an ex-employee is fired by their current employer does increase your chances of being sued.

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Answered on 9/25/06, 11:53 pm


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