Can I Be Fired After Failing Drug Test for Valid Prescription?

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"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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#drugtest #drugtesting #prescriptiondrugs
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I'm going through the EEOC process for this very situation in Virginia. Disclosed disability and meds and tried to give proof prior to drug test.

stoweby
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LOL! Feeling more confident every day and noticing my anxiety dissolve until I knew I was “in control” is definitely a relief, I went with what I mentioned and a week after my paruresis was gone. I just go'ogled the latest in Beck Reznark’s guide and now I can go without even thinking about it.

JosephKarl-uepo
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No but you will lose yoyr job if you go to the doctor.

jksynth