Can You Be Fired for Testing Positive for Opiates if You Deny Taking Medication

My question involves labor and employment law for the state of: Florida Miami Dade and Broward County

Can an employee be fired for testing positive for opiates if said employee has not used any prescription narcotics, or illegal substances. If said employee has only drinking poppy seed tea which may result in a positive in a urinalysis for opiates. So basically I have two questions. Is making poppy seed tea legal? As in literally just adding water to poppy seeds bought from a store and separating the tea from the seeds and drinking it nothing more. and If someone can be fired from their job for drinking this tea regularly which should be legal?

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Quoting dazapper

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My question involves labor and employment law for the state of: Florida Miami Dade and Broward County

Can an employee be fired for testing positive for opiates if said employee has not used any prescription narcotics, or illegal substances. If said employee has only drinking poppy seed tea which may result in a positive in a urinalysis for opiates. So basically I have two questions. Is making poppy seed tea legal? As in literally just adding water to poppy seeds bought from a store and separating the tea from the seeds and drinking it nothing more. and If someone can be fired from their job for drinking this tea regularly which should be legal?

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Really, so you're trying to piggy back off that lady in the news, huh? You can only imagine where my cynical mind is taking me.:wallbang:

I apologize, I came here looking for an answer. I am unaware of said lady on the news as I do not watch the news on television, and discovered poppy seed tea on my own means...

one would actually be in a stronger position if the positive test was for a necessary prescription, as that could invoke FMLA or ADA protections depending on circumstances.

There is no law protecting you from being fired for drinking tea, and it's quite likely the unemployment office will be skeptical of your excuse.

Also as poppy tea does in fact extract opiates for a narcotic effect you might find yourself facing state or federal charges for manufacturing a controlled substance if you were somehow caught doing this (such as by giving a sworn statement in court that you did so and that is why you tested positive for opiates)

You can be fired for any reason or no reason at all, as long is it doesn't violate anti-discrimination laws and as long as it doesn't breach a bona fide employment contract or union collective bargaining agreement.

If you test positive for opiates your boss can fire you regardless of whether it's from poppy tea or hard drugs.

He can fire you for wearing green socks. He can fire you for not wearing green socks.

The firing is legal even though you aren't doing anything illegal.

Okay, in response to adjusterjack I understand I can be fired for no reason at all, but was inquiring specifically on being able to render a positive test useless as a reason to fire because it was legal for me to do so.
And in response to Lehk I have a family member on probation, would it seriously be against the law to make and consume poppyseed tea which is literally water and poppy seeds.

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Quoting dazapper

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Okay, in response to adjusterjack I understand I can be fired for no reason at all, but was inquiring specifically on being able to render a positive test useless as a reason to fire because it was legal for me to do so.

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No, it doesn't render a positive test useless as a reason to fire.

What you aren't understanding is that the boss won't care if you SAY (or even prove) it's from poppy seed tea, he'll only see a positive test for opiates and it's his perception of the result that counts.

That the test result arose from legal use wouldn't matter if he fires you anyway.

Did you test positive?

Did you get fired?

Okay, well then I should have no worries if it just based on my boss's perception. Now my worry is the Law.

yes .. u are an at will employee ... they can fire you for any reason

In Florida, the law says the following IF the employer has established a drug free work place to qualify for a workers comp discount:

You have 5 days to explain a positive result
You cannot be fired for a positive test BEFORE confirmed by a medical review officer and a confirmation test
IF you seek treatment for drug abuse you cannot be fired for a first positive result
The employees must be given a copy of the policy 60 days in advance of beginning testing

If the employer has NOT established a drug free workplace in exchange for a workers comp, the answer to all of your questions is Yes.