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Old 02-19-2010, 01:26 PM
 
2 posts, read 5,451 times
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In Florida, if a company is a drug free workplace, and they suspect you of taking illegal drugs and send you for a drug screening aren't they required to have documentation of what lead them up to their suspicion? And if an employee asks for a copy of that they are to supply them with it?
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Old 02-19-2010, 02:16 PM
 
7,871 posts, read 10,088,929 times
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Read your employment contract or employee handbook. Chances are you already consented to it.
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Old 02-19-2010, 02:30 PM
 
2 posts, read 5,451 times
Reputation: 10
It was consented to but that's not the question.
What is the employer's responsiblity in regards to suspicion? It's my understanding they have to document their reasons to suspect you prior to sending you for a screening and that they have to give you a copy of that documentation if you ask for it.
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Old 02-19-2010, 06:58 PM
 
Location: Lincoln County Road or Armageddon
4,972 posts, read 7,155,695 times
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This is Florida-businesses can pretty much have their way with employees. You'd probably have to hash this out in court.
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Old 02-19-2010, 09:21 PM
 
Location: Michigan
5,412 posts, read 6,049,939 times
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The statute you are referring to is Fl. Stat. Sec. 440.102(5)(o), which reads:

"(o) If drug testing is conducted based on reasonable suspicion, the employer shall promptly detail in writing the circumstances which formed the basis of the determination that reasonable suspicion existed to warrant the testing. A copy of this documentation shall be given to the employee upon request and the original documentation shall be kept confidential by the employer pursuant to subsection (8) and shall be retained by the employer for at least 1 year."

I note however that the statute also provides that an employer may perform random testing or testing in any other manner permitted by law (ie. not discriminatory, etc.). Subsection o, quoted above, would seem to apply if your employer has opted to use a reasonable suspicion standard. It does not require that employers use that standard.
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Old 02-21-2010, 08:14 AM
 
Location: Celebration wannabe...
1,000 posts, read 3,331,040 times
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Are you worried because you did drugs and now you're trying to find a legal loophole to drop the test results or are you drug-free and just indignant because they offended your sensibilities?
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Old 02-21-2010, 12:45 PM
 
Location: The Conterminous United States
22,584 posts, read 54,025,792 times
Reputation: 13612
Court would be a waste of time and money.

Florida is a right-to-work state and as the above poster said, they can make you take a test anytime they feel like it. I've worked at a job down there where they dictated the size of your earrings (not larger than a dime). If I didn't like it, I could leave. It is just the way it is.

I've also seen the cops ask for everyone's license in a car. I once had a burglary and had to call them to my home and they asked to see my husband's license and my own. No reason. No one was being rude. We were not under suspicion for anything. They just like to intimidate.

Do I condone drugs? Never. And I actually like the drug tests. If you don't do drugs you don't have anything to worry about. But it is one more step towards losing personal rights. On the other hand, I suspect that most of the "Dictator State" rules come from dealing with so many fugitives and con artists. The state is packed with them.

That's Florida. Don't expect a lot of rights.
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Old 02-21-2010, 12:57 PM
 
1,468 posts, read 4,726,625 times
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Quote:
Originally Posted by klou22 View Post
It was consented to but that's not the question.
What is the employer's responsiblity in regards to suspicion? It's my understanding they have to document their reasons to suspect you prior to sending you for a screening and that they have to give you a copy of that documentation if you ask for it.
Why would they need a suspicion for a random test? That is why they call it a random test. In fact if they were just testing people by selection and not everyone for what ever the reason that would seem like a violation. If have nothing to hide you have nothing to worry about.
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Old 02-21-2010, 01:29 PM
 
Location: Amherst, MA
3,636 posts, read 9,721,942 times
Reputation: 1761
Sounds like a guilty conscience to me....

If it were me I would go with a smile, I don't do any of that crap. But random testing SHOULD be done everywhere. Once you sign the employee handbook, you are at the employers will....
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Old 02-21-2010, 03:44 PM
 
Location: Lincoln County Road or Armageddon
4,972 posts, read 7,155,695 times
Reputation: 7224
In my experience, some of the "random" drug testing is done quite selectively. One problem I have with the whole drug testing is the possibility of a false-positive screw up of a sample. I know it happens more than the industry wants to admit and I have no idea what some one does who's caught up in a botched test.
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