Can you get fired for failing a drug test in Florida?
Employees who voluntarily seek treatment for substance abuse cannot be fired, disciplined, or discriminated against unless they have tested positive or been in treatment in the past.
Can you refuse a drug test in Florida?
In Florida, if you refuse to perform a field sobriety test, you won’t face any criminal penalties, but an officer is probably going to suspect you that much more. If you refuse a chemical DUI test, however, there will certainly be serious civil, possibly criminal penalties.
Is it legal to drug test employees in Florida?
To qualify for these discounted rates, an employer must follow state regulations and file a form with the state that certifies their participation. Florida employers have no legal duty to test employees for drugs. Upon return from a drug rehabilitation program, Random testing, or.
Is it legal to drug test an employee in Florida?
Even though Florida law allows employer to drug test, employees and applicants may have legal claims based on how the test was conducted, who was tested, or how the results were used. Here are some examples: Violation of state laws and procedures.
How long does an employer have to give notice of drug testing?
In addition, employers may conduct random drug testing. An employer that conducts drug testing must give its policy to employees in writing, and employees must have at least 60 days’ notice of the policy. Employees who test positive have five days to contest or explain the result.
What should I do if I suspect an employee is taking drugs?
Being confrontational may put the employee on the defensive. Listen to what the employee has to say. After all, the purpose of a drug test is to protect employee health and safety. Afterwards, you can follow by asking the employee to submit to a drug test. (Here’s how not to conduct a drug test .)
What happens if an employee has a positive drug test?
Most policies offer return to work rights with a clause that allows for termination if the employee is found under the influence at work again. An employer does have the option to terminate immediately for positive test results.
Even though Florida law allows employer to drug test, employees and applicants may have legal claims based on how the test was conducted, who was tested, or how the results were used. Here are some examples: Violation of state laws and procedures.
In addition, employers may conduct random drug testing. An employer that conducts drug testing must give its policy to employees in writing, and employees must have at least 60 days’ notice of the policy. Employees who test positive have five days to contest or explain the result.
What to do if you suspect an employee is on drugs?
You can even consider holding their position open for them, if they can complete treatment. While drug testing at work is often a controversial subject, the requirements are pretty clear and easy to follow so long as you’re not doing “random” drug tests, or testing whole departments in order to catch one suspected person.
Can a person be fired for taking a drug test?
Most of the time after being hired an employer requires reasonable suspicion before having an employee take a drug test. Even with the recent legalization of marijuana in some states, employees in those states can still be punished for testing positive.