Legal Question in Employment Law in Kansas
Sharing of Pre-Employment Drug Test
Two Questions:
I recently took a drug test for an employer that I was applying with. First I failed my drug test, but I know for a fact that I had not taken any drugs in my life. Do They have to explain to me why I failed my drug test?
Also, the employer told several employees that I failed the drug test. Is there any law that prohibits the sharing of information such as pre-employment drug testing?
Thank You for your time
2 Answers from Attorneys
Re: Sharing of Pre-Employment Drug Test
It is very possible that your legal rights have been violated. Various federal laws restrict the right of an employer to share the results of drug tests, as do state privacy laws. The issue probably boils down to whether the employees who were told had a need to know. And, there is the issue of the erroneous test results. If you have an actual legal situation, you should consult a competent attorney. The information provided here is for informational purposes and is not intended to establish an attorney client relationship. I, and I am sure other attorneys, would be happy to discuss your situation without charge.
Re: Sharing of Pre-Employment Drug Test
I neglected to respond to your question about telling you why you failed. I doubt that any law requires the employer to advise you as to what caused you to fail the test. It does raise suspicions, however. This issue would need to be researched further. I am in Lawrence, so feel free to give me a call. 830-8555 Michael
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