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 12 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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