Is there anything you can do about an employer not letting you work untildrug test results are in?

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Is there anything you can do about an employer not letting you work untildrug test results are in?

My fiance’s employer started random drug testing out of the blue. It did not give 60 days notice which seems to be the law in FL for such random testing. He took the test last Tuesday and they have not allowed him to work until the results are back. It has been a week and the lab has said that the results have been in for a while, but that they have no information on how to contact the employer. Is there anything that we can do to get back pay for the week of work that he missed? We have a 1 year-old and he is the only one working.

Asked on September 7, 2010 under Employment Labor Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Not only must they give 60 days notice but they need to have a written policy in place.  Florida has a whole host of requirements that must be met by the employer for drug testing.  I am unsure what the repercussions are for the employer if they do not follow the law and if your remedy would be to regain the monies lost in the week you have been out of work.  So I would start by calling Department of Labor in your area and discussing the matter in detail with them.  As for the lab, that they spoke with you at all is a bit odd but why would they test without a request from an employer on file? Seek some help on all of this.  And have your husband hound his employer (in a nice and respectful way) indicating that it is becoming a financial hardship for him to be out of work for any longer and that he needs to contact the lab as to the results (to which your husband is entitled).  Good luck. 


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