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

UPDATED: Jun 13, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jun 13, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 11 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption