If you refuse a drug test and resign instead can that employer reveal that to a prospective employer in the future

UPDATED: Oct 2, 2022

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If you refuse a drug test and resign instead can that employer reveal that to a prospective employer in the future

I work in a field of recovery
and addiction as a recovery
coach I relapsed not long ago
due to an injury I can lose my
entire career if I go in and
test positive I’m pretty sure
they know that I’m using I
think it’s better if I just
resign but I need to know if my
present employer can reveal
that to another employer who
calls to inquire about me

Asked on October 18, 2019 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They can reveal true facts. So they can't say you resigned "because of" the test, since they don't know what's in your mind (unless you tell them). But if you resign right when or just after they announce a test, they can reveal those facts and let the new or prospective employer draw their own conclusions. 

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