failed random drug test

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failed random drug test

i failed a random drug test and was let go now if a new employer calls the old
employer to check references are they allowed to say anything about my failed
drug test

Asked on August 17, 2017 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, they are not: the results of a drug test are confidential by law. If they do disclose the failed test, you may have grounds to sue your former employer. All they can do legally is confirm that you were let go and possibly that it was for violating a company policy, so long they do not indicate or intimate it was related to a drug test--but since saying anything about "why" you were let go could, if they say or disclose the wrong thing or imply some other wrongdoing by you which is not true, lead to liability, if they are smart they will just confirm dates of employment, title, and position.


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