Ironpony said:
Well that makes no sense at all.
Sure it does.
POLICY: "If your test results come back with evidence of a controlled substance, you may be terminated."
TEST RESULTS: "Positive for marijuana"
EMPLOYER REACTION: Pink slip
Good.
What right does an employer have to say what i can do legally?
It depends on your state's laws. If they can lawfully have a drug testing policy (which is what you asked about, by the way) then your testing positive can result in your dismissal.
I noticed in your sig you are a law enforcement officer, i'm not sure you can give unbiased opinions.
My opinions have been biased for and against many things all my life ... I wasn't raised in a little blue pod and hatched to be a police officer.
What exactly do see wrong with pot if you don't mind my asking?
You didn't ask that question originally, and it has absolutely no bearing on your inquiry. The fact of the matter is that it is generally illegal, and that an employer can usually terminate or discipline an employee who tests positive.
In fact, this came up in CA some years back when officers attended a conference in Jamaica ... one apparently smoked some weed there and then later tested dirty for his agency after he returned. he tried to make the argument that it was done legally in another country. Ultimately, his dismissal was upheld because the agency policy forbade the smoking of marijuana or any controlled substance (as defined under US law).
But, that's CA law. FL's may differ.
Do you even know why it is illegal?...(the real reason)
Yes, I do. And, frankly, I don't care - at least not here. the fact is that it IS illegal. If you want to discuss whether it should be or not, take it to another forum.
If i told you something that went against what you do, even if i am right, will you believe me?... probably not.
It depends on what you had to say. I might, or I might not. If you told me that smoking marijuana makes you a better driver, I wouldn't believe you. But, again, it has nothing to do with your inquiry.
If you posted this question just to open a debate on the legality of marijuana, take it to another board.
EDIT:
Here is a summary of Florida laws on the subject of Employer Drug Testing:
DRUG FREE WORKPLACE POLICY:
§112.0455 (1996)
The Drug Free Workplace Act provides that any state agency may test certain employees and job applicants for the use of drugs. Does not require testing but mandates that any agency choosing to do so must comply with methods and procedures outlined.
§287.087
Provides that in situations where two or more bids of equal merit are submitted the business certifying it has implemented a Drug-Free Workplace program will be given preference in being awarded the contract.
DRUG TESTING REGULATIONS:
None Listed
WORKERS COMPENSATION:
§440.102 (1996)
Voluntary law that provides a 5 percent reduction in premiums to employers who implement and maintain a certified drug-free workplace program in accordance with the standards set forth in the Act.
Positive drug test results disqualifies an employee from receiving benefits.
UNEMPLOYMENT INSURANCE
§440.102 (1993)
An employee may be denied benefits if tested positive for drugs on a test conducted in accordance with the standards set forth under worker's compensation laws. A positive drug test constitutes misconduct.
§38B-2.017(5)(b) (1993)
Consideration is given to the illnesses of alcoholism and drug addiction in determining eligibility.
- Carl