If I was fired recently from a job and they refuse to give me a copy of my TB test but was told they threw it out, was that legal?

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If I was fired recently from a job and they refuse to give me a copy of my TB test but was told they threw it out, was that legal?

I was on break with co-workers. We were talking about cars. I told them how my son managed to get money out of me to buy it and said ‘Sometimes when I see it I just get so upset I wish it would catch on fire.’ Coworkers reported me for ‘workplace violence’. A few days after being fired I called my former employer to ask for a copy of my TB test and they told me it had been thrown it out.

Asked on June 29, 2016 under Employment Labor Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Any test of this kind done by an employer/prospective employer, is its property. Accordingly, it is not legally mandated to give you a copy of such a test. In fact, it is not even obligated to provide you with the results.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Why would they have to give you a copy of your TB test? That was a test done for the company: even if it was of you, it belonged to them, since it was a test done by or for the employer. They are not required to give you a copy of their documentation or test results about you, and are not liable to you if they throw it out.  The  test was not your property.


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