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UNDERHILL v. PUBLIX SUPER MARKETS, INC.

No. 91-2826.

610 So.2d 48 (1992)

Cindy L. UNDERHILL (Johnson), Appellant, v. PUBLIX SUPER MARKETS, INC., and Florida Unemployment Appeals Commission, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 12, 1993.

Attorney(s) appearing for the Case

Gaebe, Murphy, Mullen, Antonelli & Gerlin and David Kleinberg, Coral Gables, for appellant.

Joseph W. Carvin, Human Resources Counsel, Publix Super Markets, Inc., Lakeland, Alley and Alley, chartered, and Mark P. Graves, Tampa, for appellees.

Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.

FERGUSON, Judge.

Publix's employment policies, instituted after the appellant was hired, require employees to submit to drug testing upon demand without a showing of probable cause or reasonable suspicion. Ms. Underhill was directed to an off-site "independent" laboratory for the purpose of being tested for drug use. She agreed to do so. She was then asked to execute a document which indicated that the testing was voluntary. Ms. Underhill refused to sign the form...

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