Can a representative of my company tell a co-worker they need to replace me immediately due to a “drug testing issue”?

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Can a representative of my company tell a co-worker they need to replace me immediately due to a “drug testing issue”?

Is the some sort of privacy right I have in the workplace connected with drug testing? Does anyone in my company have the right to disclose that type of information to a fellow employee?

Asked on March 15, 2012 under Employment Labor Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Usually this falls under one of two violations.   The first is defamation if it's not true.  It's one thing to terminate an employee-- but lying about a basis of termination that could affect future employment opportunities is a completely different issue.  The second violation is of HIPPA.  Your medical business is confidential.  They are not allowed to share your medical history with other co-workers.  If you have an HR department or a "hot-line" for employee issues, you should report the violation.  You many also want to talk to an employment law attorney.


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