Legal Question in Employment Law in California
Illegal drug test to qualify for employer pension plan
In July 1996 I was eligible for firm's pension plan (universal life policy). In November 1996 I was forced to qualify for plan by authorizing blood test/urinalysis. In December 1996 I gave fluids to qualify (HIV/cocaine were tested). In March 1997 the insurance underwriter approved policy. 10 days later I was fired for gross misconduct. No chain of custody exists. Out-of-state lab that performed tests has sent me results (clean), but refuses to say what tests were performed. Insurance company has sent copies of docs I signed. After 7 months, the insurance company suddently sent me lab authorization I "signed." Results of tests can be obtained with this document, and it was in my personnel file. My ex-employer tricked me and I don't think I ever was insured. Insurance docs are suspect. No other employee was subjected to these tests. Is this illegal search and seizure?
1 Answer from Attorneys
Not an illegal search but may violate privacy rights
It is not an illegal search unless you are employed by the government. There may have been a violation of privacy rights. You have the right in California to examine your personnel file upon request. I suggest doing that to begin with and see what is in there.
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