If my past employer’s HR deptartment had told almost everyone in the company that I was fired because I failed a drug test, can they do that?

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If my past employer’s HR deptartment had told almost everyone in the company that I was fired because I failed a drug test, can they do that?

My past employers hr deptartment had told almost everyone in the company that I was fired because I failed my drug test. Is that a breach of confidentiality? Does that also violate hipaa law also? Can I sue them for telling everyone in the company?

Asked on August 12, 2012 under Employment Labor Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you were terminated by your prior employer for failing a work related drug test there is no breach of any confidentiality if in fact you did fail the drug test and were fired for such. Truth would be a defense with respect to the matter that you have written about.

Likewise, there was no HIPPA violation because there was no violation of any medical related matter concerning you by anyone in the medical field. You can sue for the disclosure of information about yourself but if what was stated was true, then you have a very small chance of prevailing in any such lawsuit.


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