Drug testing laws

[CTU]

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

Tunzi, what is it you wish to accomplish?

 

[Zigner]

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?

He didn't fire you at that point.

Speak to a local attorney about the odds of retaining your employment and/or other remedies that may or may not be available to you.

 

[Tunzi]

Also, on the day in question, Dec 14, I talked to my boss before I walked into the OR and immediately after I was done. Neither time did he express concern for me being impaired on the job. If I smelled like pot or looked high, then why did he let me go into the case and then later let me dive home. Florida law states that if you suspect an employee of being impaired then you must offer them transportation home. I've that is refused then they are required to take the license plate number down and call the police. He had to opportunities to confront me and never did. This was all started because one person claimed they smelled something. Is this legal?

 

[Tunzi]

I want out of my non compete, seaverance pay, and my name cleared at the hospital so that I am permitted to do business there in the future.

 

[Tunzi]

What kind of lawyer should I seek?

 

[Zigner]

What kind of lawyer should I seek?

You're not going to get out of your non-compete, assuming it is otherwise valid. They are under no obligation to grant you severance pay. Why should your name be "cleared" at the hospital? Whether or not the drug test was done in strict compliance with the notification requirements, the fact is you tested dirty.

Look for an employment attorney.

 

[Tunzi]

My hope is to have legal leverage to negotiate getting out of my non compete and Seaverance pay. I will consult a local attorney. Thank you for your input.

 

[CTU]

My hope is to have legal leverage to negotiate getting out of my non compete and Seaverance pay. I will consult a local attorney. Thank you for your input.

Good luck. You're going to need it - because I will bet dollars to donuts that your employer is extremely well-protected, legally speaking.

 

[cbg]

I predict less than a week before we see the OG effect in action.

 

[Tunzi]

What is the OG effect?

 

[cbg]

We'll point it out when it happens.

 

[LdiJ]

Good luck. You're going to need it - because I will bet dollars to donuts that your employer is extremely well-protected, legally speaking.

On the drug test issues I would agree, absolutely.

On the issue of treating an employee like a contractor I have a different opinion.

 

[TigerD]

It doesn't sound like you were an independent contractor. It sounds more like you were a misclassified employee.

TD

 

[Tunzi]

Why can you not tell me now what the OG effect is?

 

[Tunzi]

I believe strongly that we are misclassified too. Do I report that to the IRS?