If my employee cut her finger and got blood on customer, can I force an employee to get an aids test?

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If my employee cut her finger and got blood on customer, can I force an employee to get an aids test?

Asked on June 13, 2011 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

IF there had been an employment agreement in place *ahead of* time, requiring employees to get certain blood tests (e.g. an AIDS or  HIV test) if the got blood on a customer, then yes, you may do this--the agreement would be enforceable. But without a pre-existing agreement, you cannot require the employee to do this. On the other hand, though, nothing stops you from making it "worth the employee's while" to do so. For example, you could offer to pay for  the cost of the tip and give her an extra $50, or some time off, or etc. in order to induce her to do this. If you and she work out anything voluntarily, that would then become the basis for an enforceable agreement.


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