Are the results of random drug testing at work supposed to be confidential?

Get Legal Help Today

 Secured with SHA-256 Encryption

Are the results of random drug testing at work supposed to be confidential?

I was just in contact with old friends from that employer and was told that they knew I tested positive. Isn’t that suppose to be confidential information? I was recently given a random drug test at work and was tested positive to marijuana. I resigned knowing I would be terminated.

Asked on August 12, 2010 under Employment Labor Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The results from random drug testing should remain confidential.  You could sue your employer for invasion of privacy.  One aspect of invasion of privacy is the public disclosure of private facts which occurred here when your drug test results were disclosed to others without your consent.

In your lawsuit for invasion of privacy, you can include an additional cause of action (claim) for intentional infliction of emotional distress which is an extreme and outrageous act intended to cause and which did cause you emotional distress when your drug test results were disclosed to others.  If the employer did not intentionally disclose your drug test results, you may still be able to claim negligent infliction of emotional distress for the disclosure of your drug test results as a cause of action in your lawsuit instead of intentional infliction of emotional distress.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption