Drug Testing At Work

Drug testing in the work place– whether a policy that is put in place as a condition for you to get a job or as one that occurs randomly for you to keep your job is something that Florida employees deal with all the time. But why do employers conduct workplace drug tests in the first place? Well the answer is fairly simple: employers do not want to have to deal with employee drug problems affecting their ability to work. Requiring a drug test as a hiring condition is an easy way to ensure this does not happen. Of course this concern can only apply to illicit drug use and testing positive for a drug you are legally prescribed to take is ok.

When it comes to pre-employment drug testing, we understand how many Florida employees have concerns that this type of testing constitutes an invasion of privacy. However, like requiring an applicant to have a certain GPA before applying for a job, requiring a drug test is within the discretion of your employer in most cases. You have the right to refuse the test, but then again your potential employer also has the right to refuse offering you a job for failing to satisfy that condition. The same holds true for those individuals that are randomly tested for drugs throughout the course of their employment.

Here’s where things can get tricky: Can you get caught for drugs at work and then reported to the police for illegal activity? The vast majority of drug cases have to do with the individual doing something else illegal and getting caught. For instance, an individual gets pulled over for speeding and the Florida police see cocaine sitting on his passenger seat. Or the police have a search warrant for an apartment for some crime scene evidence and discover marijuana during their search of the property. For obvious reasons, it would be difficult for police to arrest and prosecute an individual for failing a private drug test that they did not administer. Or, put differently, this type of evidence would make for a very weak case unless the drugs were actually found on you at work as well—in these cases there are some possession issues at play that may make the state more willing to press charges.

Florida drug charges can be classified as a felony or misdemeanor depending on the specific of your case and your criminal history. Whatever the level of severity, the consequences for having a drug charge on your criminal record can be reaching and something we will work hard to help you avoid.

The attorneys at Finebloom & Haenel P.A. have worked with a wide range of Florida drug cases and are familiar with the various nuances in state and federal laws. If there have recently been drug charges filed against you or your loved one, give our office a call today for a free consultation on your case. We will work hard to get you the best results possible. We look forward to hearing from you!