"I failed a drug test at work but have a valid prescription - can I be fired?"
We get asked this question all the time.
Generally, the answer is no. There is a protection clause in place in the Florida Civil Rights Act and the American Disabilities Act which protects workers from termination.
Similar to a disability, the employer is required to accommodate your disability if your work function has restrictions from people being on substances for safety.
Think along the lines of a heavy machine operator, or commercial driver, or other jobs which obviously require substance free operation.
If you have a valid prescription from a doctor - key word here is valid - then your employment is protected under the federal and Florida laws mentioned above.
So if you get flagged on your drug test at work, your valid prescription is a protection.
However, if you fail a drug test at work and don't have a valid prescription, or the prescription for a banned substance is for someone other than yourself. You are going to get fired.
So stay smart people. These legal protections aren't a blanket shield for foolish behavior.
They are here to protect you in the workplace and provide a framework for fair treatment in the workplace.
FREE Employment Law Evaluation: Reach out and we'll see you get your questions answered - I review every claim inquiry personally - If we take your case, pay no fees unless we win - we'll help you get through it together..
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Richard Celler Legal, P.A.
10368 W. State Road 84
Suite 103
Davie, FL 33324
Phone: 954-903-7475
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Tampa, FL 33602
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27 окт 2022
