Are the results of random drug testing at work supposed to be confidential?
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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 13 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.
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