On this past Friday, I worked lunch. I was already late and upset because I was trying to get my car back from a shop. I had no money in my bank account to afford the lyft to get to work. I called ahead of time that I was running late because everything that was going on that day. Then, when I got to work I asked the manager if it would be possible to leave work early so I could go to the bank before they closed that way I could get my car back. Or if I could switch with someone from my section to be on the beo(large group party). That way I could leave after the party was over. Also, one of the female co-workers on the party offered to give me a ride to the bank since I had no money left in my account to pay for a ride to get anywhere. After one round of tables, the manager Jenn told me to go speak with John Frost(gm) in the sales office. At to which when Jenn arrived in the sales office with us, I was told I had to take a drug test or I would be terminated. I asked why would I need to take a test. John told me my behavior was not my normal self. I was being loud and using my hands a lot when I talked. Which anyone that was there that day can testify to the fact I was being how I
Unless you have a written employment agreement, you have little or no employee rights in Florida. Why? Because Florida is an “at will employment” state--which means Florida employers are free to hire, assign, re-assign, re-locate, promote, demote, discipline, suspend or terminate employees “at will.” They do no not have to give employees any reason either. The only thing employers cannot lawfully do is make these employment decisions based upon any illegal reason or classification such as an employee’s race, gender, age, religion, national origin, marital status--or retaliation for exercising any lawful rights.
Although it is not very common these days, some employers require random drug testing as a means to prevent employees from injuring themselves or others at work. IMO, since your employer can terminate you at will, I advise you to submit to the random drug test. If they fire you because you failed the test, come back here and ask if they can do that lawfully.
No, there is no legal action you can take. The employer is free to demand this of you anytime it sees fit. You, of course, have no obligation to comply, but if you refuse you will likely lose your job. By the way, if you do take and test positive you will likely lose your job anyway. The best path to keeping your job is to test and have the result come up clean. All the best.
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