Drug testing laws

[Tunzi]

What is the name of your state (only U.S. law)?

 

[Tunzi]

I am a 1099 at will contracted sales rep for a medical device distributor in Florida. When I stared with the company in April, there was no drug testing policy in place. On October 18 of this year we were notified that a new drug testing policy was being implemented and we needed to complete the test by October 21. I read in Florida law under the The Workplace Drug Act that they have to give employees a 60 notice before we have to submit our first test. Have they violated my privacy by breaking this rule?

 

[Zigner]

I am a 1099 at will contracted sales rep for a medical device distributor in Florida. When I stared with the company in April, there was no drug testing policy in place. On October 18 of this year we were notified that a new drug testing policy was being implemented and we needed to complete the test by October 21. I read in Florida law under the The Workplace Drug Act that they have to give employees a 60 notice before we have to submit our first test. Have they violated my privacy by breaking this rule?

If you're truly an independent contractor, then you're not an employee. As such, why would the act you cited even apply to you?

 

[Tunzi]

if we did not sign the form and agree to the testing, we were threatened with termination. I feel like we have been mislabeled as 1099 contractors. I can site several examples as to why we should be labeled W2 instead.

 

[Zigner]

if we did not sign the form and agree to the testing, we were threatened with termination. I feel like we have been mislabeled as 1099 contractors. I can site several examples as to why we should be labeled W2 instead.

If there were no adverse actions taken based on the results of your drug testing, then it's a no-harm/no-foul matter.

If you feel that you should be classified as an employee, then you may wish to review this site which will explain the way folks are classified. The site also explains how to file a complaint: http://floridarevenue.com/dor/taxes/rt_employee.html

 

[Tunzi]

Well I am expecting to be terminated after the first of the year. We all passed the test. After the results were in our boss told us that he did not care what we did in our free time anyway. Said if we had some friends in town and wanted to smoke a little weed he had no problem with it, so I did. Well on Dec 14 I got called back to the hospital for an add on case. On my way to the operating room I talked to my boss and then went to the case. Then I talked to him after the case because he asked me for a ride home. He said his battery was dead. While I was cleaning out my car to let him in he said his car started and didn't need a ride. The next day Dec 15 my boss asked me to take a ride with him. Once on the road he informed me that someone from the hospital called and said I smelled like weed and we were going to take a drug test right now. I was unable to pee before they closed and was told that if I did not pee I would be terminated. That night I was told to go in the next morning to do take the test again, so I did on Dec 16. I did not here from my boss until the following Mon Dec. 19. My boss texted me that my test results came back inconclusive and I need to go straight to the lab for another test. This time it was a hair sample test. Obviously I know that I will fail it and I'm expecting to be terminated. All the test were still in that 60 day window from when we were notified that the testing policy was being implemented.

 

[cbg]

Your 60 days were up on December 17th.

 

[Tunzi]

Then the two test that were on Dec. 15 (I did not take and was treated as a failed test and I was told by my boss that if I did not take I would be terminated ) and Dec. 16 (inconclusive results) were before the 17.

 

[Zigner]

You may wish to contact a local attorney for assistance.

 

[Tunzi]

Do you feel like I have an argument/case? What type of lawyer should I consult with? Labor law attorney?

 

[cbg]

Then the two test that were on Dec. 15 (I did not take and was treated as a failed test and I was told by my boss that if I did not take I would be terminated ) and Dec. 16 (inconclusive results) were before the 17.

And any test that you took on or after December 19th was after it.

 

[Tunzi]

Well according to my boss I was terminated for not taking the first test

 

[Tunzi]

As failing to take a test is recognized as a failed test

 

[Zigner]

What paperwork did you receive relating to the test?

Frankly, I think you're going to be out of luck even if you manage to continue your employment a bit longer. All they have to do is retest you NOW, in accordance with the rules, and you're gone.

 

[Tunzi]

On Dec 15 my boss told me that if I did not take the test then I was terminated. I left there that day with the understanding that my employment was done. Legally since I was in that 60 day window, does he have the right to demand I take the test or be fired?