Cases

Employer did not institute a drug free workplace program in accordance with Section 440.102, Florida Statutes. Court determined that a wrongful discharge cause of action for violation of Section 440.102, Florida Statutes, could not be maintained by the plaintiff/employee and accordingly, lower court’s summary judgment in favor of employer affirmed on appeal.

The adoption of a Section 440.102 Drug Free Workplace Program is voluntary. An employer who elects not to operate a drug free workplace program under Section 440.102, Florida Statutes, is not prohibited from conducting drug testing as was done in this instance. The plaintiff employee had alleged that drug testing in the workplace could only be accomplished by the adoption of a Section 440.102, Florida Statutes, Drug Free Workplace Program. Had a Section 440.102, Florida Statutes, Drug Free Workplace Program been adopted by the employer, the employer would have been required to provide its employees a complete notice of such as required in Section 440.102(3), Florida Statutes. Since no such program was adopted in this instance, there was no requirement for such complete notice of the program.