Q: Okay to compel drug-testing / criminal background check due to new customer contract requirements?
Long time customer has new contract language requiring employer to drug-test/criminal background check each of the employees that employer wishes to have working on customer's premises or accessing customer's data network. If either drug-test or criminal background check are "failed", employee cannot continue working on that specific customer account. New language is only for a minority subset of total contracts for this customer.
Is it okay in Florida to compel drug-testing/criminal background check because of new customer requirement if this was not a previous condition of employment? If so, can we terminate if either are failed or do we have any obligation in Florida to place employee in a different position/on a different customer account where same requirements do not exist (assuming, of course, that drug-test/criminal background check results are not in conflict with standard employment policies unrelated to specific customer contract in question...)?
A: In general, yes it is ok to require your employees to undergo such testing, and you don't have to reassign the employees who refuse to do so. Contact your house counsel for any exceptions which may apply depending on your company's specific circumstances.
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