Firing of DeFuniak city employee over drug test spurs lawsuit

Nov 5, 2012 Full story: Pensacola News Journal 21

Just after arguing another drug testing case before a federal appellate court in Atlanta, the ACLU of Florida announced it has filed a separate federal lawsuit in Pensacola for a DeFuniak Springs employee fired for refusing to take a random drug test required by the city.

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Gulf Breezer

Santa Rosa Beach, FL

#1 Nov 10, 2012
If its a requirement that was agreeed upon by the employee then the employee must abide by submitting to the test. After all, it was a civil agreement between the employee and the employer. When an employee agrees to take these tests then they agree that they giving up thier right to a certain privacy.
I agree with and support the firing. I would not want to work along side ANYONE thats half baked, nor would I want anyone having anything to do with anything relating to me and/or my family while they are crocked.
Gulf Breezer

Santa Rosa Beach, FL

#2 Nov 10, 2012
Oh, and this has NOTHING to do with unreasonable search or the constitution either so dont play that game.
When you agree to certain conditions of employment then your bound to them. UNLESS of course you were lieing at the time just to get the job. THATS a whole new magilla. In certain psoitions of trust your word is your bond and we cant have any liars or drug addicts either.
ThomasA

Birmingham, AL

#4 Nov 17, 2012
Refusing a random test is automatic dismissal just as it is if you get hurt on the job and refuse a test at the hospital or emergency care. Violating company rules and testing positive nullifies any claim against the company for pain and suffering. If you are involved in injuring another employee, you both get tested. If these toads can't follow rules, they need to stay out of the workforce.
Bud Good

Cantonment, FL

#5 Nov 18, 2012
Oddly enough, I agree with you on the question of injuries.
ThomasA wrote:
Refusing a random test is automatic dismissal just as it is if you get hurt on the job and refuse a test at the hospital or emergency care. Violating company rules and testing positive nullifies any claim against the company for pain and suffering. If you are involved in injuring another employee, you both get tested. If these toads can't follow rules, they need to stay out of the workforce.
As for the rest of your BS, slugs like you should stay out of cyberspace.
Think

United States

#6 Nov 19, 2012
Gulf Breezer wrote:
If its a requirement that was agreeed upon by the employee then the employee must abide by submitting to the test. After all, it was a civil agreement between the employee and the employer. When an employee agrees to take these tests then they agree that they giving up thier right to a certain privacy.
I agree with and support the firing. I would not want to work along side ANYONE thats half baked, nor would I want anyone having anything to do with anything relating to me and/or my family while they are crocked.
So because someone fails a drug test they are working while "half baked"? Failing a drug tests automatically indicates that one is "crocked"?

While I agree that employees should not be working while under the influence of any drug, legal or not, I disagree with drug testing policy. People are tested for residual amounts of marijuana and other metabolites which are present even when the person is not under the influence. A person can smoke pot and fail a drug test 2 weeks later, yet people drink heavily the night before working and are actually impaired, yet no action is taken on that issue. People also work under the influence of prescription narcotics by the millions, yet no one tests them. The draconian drug laws are immoral and will be challenged and repealed. The beginning of the end of this insane drug war is in front of you and you better get used to it. Sanity is around the bend, my friend
Think

United States

#7 Nov 19, 2012
Gulf Breezer wrote:
Oh, and this has NOTHING to do with unreasonable search or the constitution either so dont play that game.
When you agree to certain conditions of employment then your bound to them. UNLESS of course you were lieing at the time just to get the job. THATS a whole new magilla. In certain psoitions of trust your word is your bond and we cant have any liars or drug addicts either.
Again, your stupidity is astonishing! Someone fails a drug test and they are drug addicts-LOL!! I'll bet you are a fan of Reefer Madness and not because of the camp value- You are and idiot
ThomasA

Birmingham, AL

#8 Nov 19, 2012
Think wrote:
<quoted text>
Again, your stupidity is astonishing! Someone fails a drug test and they are drug addicts-LOL!! I'll bet you are a fan of Reefer Madness and not because of the camp value- You are and idiot
An employee is tested before they hire in so at that point they are clean. You are given a booklet with the zero tolerance policy spelled out and it is also verbally explained to you about the concequences of having MJ in your system,on company time,on company premises. Lastly you sign a paper that you understand those rules and you are advised there will be random testing. Now why is there so much kicking and screaming from the spoiled brats that chose to violate the written rules and get caught?
Tman

Walbridge, OH

#10 Nov 20, 2012
ThomasA wrote:
<quoted text>An employee is tested before they hire in so at that point they are clean. You are given a booklet with the zero tolerance policy spelled out and it is also verbally explained to you about the concequences of having MJ in your system,on company time,on company premises. Lastly you sign a paper that you understand those rules and you are advised there will be random testing. Now why is there so much kicking and screaming from the spoiled brats that chose to violate the written rules and get caught?
Screw you! I hope one day you lose your job because you had a beer or cigarette on Saturday night or because you didn't get enough sleep and fucked up on the job. People like you deserve to suffer for your pathetic hatred. Dude...of COURSE we all understand something was signed agreeing to the policy...but what the hell are people supposed to do...not sign it??? Not get a job? Not be able to make a living because they smoke a j on the weekend, meanwhile cocksuckers like you probably drink on the weekend and get to enjoy a good life and prosperweous job while others who choose something safer can never get ahead?
Think

United States

#11 Nov 21, 2012
ThomasA wrote:
<quoted text>An employee is tested before they hire in so at that point they are clean. You are given a booklet with the zero tolerance policy spelled out and it is also verbally explained to you about the concequences of having MJ in your system,on company time,on company premises. Lastly you sign a paper that you understand those rules and you are advised there will be random testing. Now why is there so much kicking and screaming from the spoiled brats that chose to violate the written rules and get caught?
Earlier in this thread last year, you made the following comments related to marijuana:

April 22 2011- "wheels of justice turn very slowly and there will be no overnight changes"

July 15 2011- "it will not be legal for consumption or having in your system for many years to come"

Sept 21 2011- "And how old do you think you will be when you finally change the laws of the land to permit stoners to run free range?"

You are a kicking screaming idiot and your credibility is non exsistant-LOL!! Keep babbling about drug war rationality while change marches on and leaves dinasours like you in the trash heap. Your disbelief and denial will soon give way to reality-the beginning of the end of prohibition is upon us. I've got a little prediction of my own, pinhead. The next reality will be rescheduling of cannabis by the federal government and I would bet a spliff that my prediction has better odds than your idiotic rants from last year that were all 180 degrees incorrect-
ThomasA

Birmingham, AL

#12 Nov 21, 2012
Tman wrote:
<quoted text>
Screw you! I hope one day you lose your job because you had a beer or cigarette on Saturday night or because you didn't get enough sleep and fucked up on the job. People like you deserve to suffer for your pathetic hatred. Dude...of COURSE we all understand something was signed agreeing to the policy...but what the hell are people supposed to do...not sign it??? Not get a job? Not be able to make a living because they smoke a j on the weekend, meanwhile cocksuckers like you probably drink on the weekend and get to enjoy a good life and prosperweous job while others who choose something safer can never get ahead?
An employee that can't follow rules can't be trusted to perform what's expected of them without a direct supervisor watching over them eight hours a day. You have a choice. Either dump your defiant adolescent attitude and learn to be a big boy and follow adult rules or be happy with jobs where they don't bother to test. Simple. As for the original subject of this post,the reason you sign the form is to show you have an understanding of what's expected of you. In that form it states that if you refuse the ramdom test or a test at the emergency care, it's an automatic termination,the same as if you tested positive. What's so hard to understand about that?
ThomasA

Birmingham, AL

#13 Nov 21, 2012
Think wrote:
<quoted text>
Earlier in this thread last year, you made the following comments related to marijuana:
April 22 2011- "wheels of justice turn very slowly and there will be no overnight changes"
July 15 2011- "it will not be legal for consumption or having in your system for many years to come"
Sept 21 2011- "And how old do you think you will be when you finally change the laws of the land to permit stoners to run free range?"
You are a kicking screaming idiot and your credibility is non exsistant-LOL!! Keep babbling about drug war rationality while change marches on and leaves dinasours like you in the trash heap. Your disbelief and denial will soon give way to reality-the beginning of the end of prohibition is upon us. I've got a little prediction of my own, pinhead. The next reality will be rescheduling of cannabis by the federal government and I would bet a spliff that my prediction has better odds than your idiotic rants from last year that were all 180 degrees incorrect-
We'll see. To let state laws override federal laws will be a Supreme Court case as big as Roe v Wade and the wheels turn very slowly. In the meantime enforcement will be up to the discretion of the individual policeman whether to pursue state or federal.
Think

United States

#14 Nov 21, 2012
ThomasA wrote:
<quoted text>We'll see. To let state laws override federal laws will be a Supreme Court case as big as Roe v Wade and the wheels turn very slowly. In the meantime enforcement will be up to the discretion of the individual policeman whether to pursue state or federal.
"we'll see"?
Listen closely stupid-it IS legal as if December 15 2012 in Colorado. No police discretion, no supreme court-IT'S LEGAL MORON!

As slow as you are on the uptake, one might theorize that your distaste for drugs is due to your drug induced brain damage. Is that what happened? Well don't punish everyone for your mistake.

God you are amazingly ignorant
ThomasA

Birmingham, AL

#15 Nov 21, 2012
Think wrote:
<quoted text>
"we'll see"?
Listen closely stupid-it IS legal as if December 15 2012 in Colorado. No police discretion, no supreme court-IT'S LEGAL MORON!
As slow as you are on the uptake, one might theorize that your distaste for drugs is due to your drug induced brain damage. Is that what happened? Well don't punish everyone for your mistake.
God you are amazingly ignorant
The Colorado laws has its limits .Lets see how many people stay within those boundries.
ThomasA

Birmingham, AL

#16 Nov 21, 2012
Think wrote:
<quoted text>
"we'll see"?
Listen closely stupid-it IS legal as if December 15 2012 in Colorado. No police discretion, no supreme court-IT'S LEGAL MORON!
As slow as you are on the uptake, one might theorize that your distaste for drugs is due to your drug induced brain damage. Is that what happened? Well don't punish everyone for your mistake.
God you are amazingly ignorant
Watch the news and see what's going on. ABCNEWS.go.com/us/pot-laws-colorado-washingto...
Think

United States

#18 Nov 26, 2012
Harold1000 wrote:
They test for anything and everything illegal. And if something shows up and you are under a doctor's care for it, No problem. Drug tests are no big deal unless you have something to hide. It makes for a much safer work place. And the public is safer too ..
Explain your logic. If you are under a doctor's care, magically the substances have no effect on your work performance or ability? Do you know how many people are abusing and working under the influence of opiates, benzos, adderall (speed) ect, ect? Just because a doctor writes a prescription ,it's OK -LOL!! You are blind! People are abusing prescription drugs at a massive level and the employee drug tests don't check for levels-just if it is present> I personally know several people who do this. They obtain extra drugs on the street and abuse it-but because they have a script-no problem.

That is the point, you fool. The government says cannabis is illegal-it should be classed as alcohol. People abuse alcohol, which is legal, but that is OK? Safer workplace-you make me laugh. The prescription drug abuse and you worry about someone smoking a joint on thier own time-LOL!! Alcoholics coming in hung over and lowering productivity, but because alcohol is legal it's all OK. Think for yourself you simple minded automaton. Use reason and logic and stop letting outdated propaganda influence your thought process.
Think

United States

#19 Nov 26, 2012
Here is a scenario that I personally witnessed which happened about 3 years ago at my place of employment.

I work for a large defense contractor. We are subject to random drug testing and also have a union in place. Several years ago, a problem employee who was a marginal perfomer was having alcohol related problems. He was missing work, making mistakes, ect. Whenever he subjected to a random drug test-he passed. This compnay gives a standard 5 panel drugs test (marijuana, cocaine, phencyclidine, amphetamines and opiates) and this guy always passed. They don't even test for alcohol. They finally were able to terminate him on other issues related to documented work deficiencies after about 2 years of attempts-it was very difficult to get rid of this marginal perfomer. He got chance after chance-

At about the same time, another group of employees were called for the standare random test and one of them popped positive for marijuana. This guy was one of their top performers and was a valuable asset to the company. The managers were dumbfounded and surprised that he failed the test. He contested it and they ran another spectrograph test-and it came back postive. Due to governemnt policy, this guy got no reprieve, no second chance, no rehab-nothing. Federal policy is termination. This respected and valuable employee who had worked on our contract for over 21 years was gone-period. THe management even appealed to the government to make an exception-no deal. Now I understand that he knew what the policy was and he CHOSE to use marijuana. He paid the price. But was society served here? Did this idiotic policy make anything better? A dirtbag alcoholic is given chance after chance but a guy who did his job well was ruined because of what he did on HIS time. Who can think that this makes any sense or improves workplace safety? To me, this encapsulates one of many stupid, ignorant, and counterproductive aspects of this insane war on drugs-I saw it happen
ThomasA

Birmingham, AL

#20 Nov 27, 2012
Think wrote:
At about the same time, another group of employees were called for the standare random test and one of them popped positive for marijuana. This guy was one of their top performers and was a valuable asset to the company. The managers were dumbfounded and surprised that he failed the test. He contested it and they ran another spectrograph test-and it came back postive. Due to governemnt policy, this guy got no reprieve, no second chance, no rehab-nothing. Federal policy is termination. This respected and valuable employee who had worked on our contract for over 21 years was gone-period. THe management even appealed to the government to make an exception-no deal. Now I understand that he knew what the policy was and he CHOSE to use marijuana. He paid the price.
You said it very well. The employee KNEW the rules so why did he chose to risk his career knowing what would happen? I've had to let "good" employees go because they KNEW the rules and chose to ignore them. If you have the WRITTEN policy and the employee is fully aware of it,it's either follow those rules or seek employment in a place that doesn't test. You can't have two sets of rules. The office workers are under the same rules as the workers on the machines ,driving the trucks,or in the warehouse. Like it or not,even with legalization,companies will still have the right to have a zero policy if they choose.
Think

United States

#21 Nov 27, 2012
ThomasA wrote:
<quoted text> You said it very well. The employee KNEW the rules so why did he chose to risk his career knowing what would happen? I've had to let "good" employees go because they KNEW the rules and chose to ignore them. If you have the WRITTEN policy and the employee is fully aware of it,it's either follow those rules or seek employment in a place that doesn't test. You can't have two sets of rules. The office workers are under the same rules as the workers on the machines ,driving the trucks,or in the warehouse. Like it or not,even with legalization,companies will still have the right to have a zero policy if they choose.
'

No answer to the question? Was society served? Was the company benefited because they were forced to terminate a good employee while having to tolerate a bad one-all because of idiotic and outdated rules based on unjust laws.Do you blindly think that rules should be followed regardless of how stupid, counterproductive, or harmful they are? With your limited intellect-I would imaging that you do.
ThomasA

Birmingham, AL

#22 Nov 27, 2012
Think wrote:
<quoted text>'
No answer to the question? Was society served? Was the company benefited because they were forced to terminate a good employee while having to tolerate a bad one-all because of idiotic and outdated rules based on unjust laws.Do you blindly think that rules should be followed regardless of how stupid, counterproductive, or harmful they are? With your limited intellect-I would imaging that you do.
When you're on my time,on my premises,being paid to do work without constant supervision over you, you will follow written rules or out you go. I don't have time to baby sit adults with an adolescent grade school mindset. It's your choice to comply or walk.
Christian Smoker

Defuniak Springs, FL

#23 Jan 11, 2013
Gulf Breezer wrote:
If its a requirement that was agreeed upon by the employee then the employee must abide by submitting to the test. After all, it was a civil agreement between the employee and the employer. When an employee agrees to take these tests then they agree that they giving up thier right to a certain privacy.
I agree with and support the firing. I would not want to work along side ANYONE thats half baked, nor would I want anyone having anything to do with anything relating to me and/or my family while they are crocked.
did you ever think he may have been using it for medical purposes on his own time because he didn't want to take addictive pills with horrible side effects? Do your research before you downgrade somebody! It is a PLANT!

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