While this company owner has every right to fire employees under the “At Will” employment clauses, where he screwed up was firing these individuals for not taking a “tobacco” drug test.
In another thread on this topic I posted a decision handed down by the Fla State Supreme Court which overturned a ruling which allowed a company to fire an employee for refusing a drug test. The ruling stated that the company had no right to force said employee to take the test since his job classification was not considered “dangerous” and was thus a violation of his civil rights.
Such drug testing is only allowed by employers employing individuals engaged in jobs which are classified “dangerous” or where employees job performances are under scrutiny due to prior drug related instances.
Since the job classifications of these fired employees are not considered “dangerous” to warrant random drug testing, and their job performances were not at question, the ultimate firing of these individuals for refusing the test will be considered a blatant violation of their civil rights.
Their personal attorneys and the ACLU are going to have a field day.
The ruling stated that the company had no right to force said employee to take the test since his job classification was not considered “dangerous” and was thus a violation of his civil rights.
This is my point. Drug test........NOT tobacco test. Tabacco is not an illegal substance. There is no right by an employer to subject employees to tobacco testing. I repest LEGAL substance.
There personal attorneys maybe..........teh ACLU, no way.
The ACLU is of the same mindset of the anti-smokers, smokers have no rights. But I would put money on it if this company policy was the total opposite, they fired non-smokers and only hired smokers, the ACLU would be on them like white on rice.