Legal Question in Employment Law in Louisiana

employment background checks

My husband failed a drug test (prescription)at work and was terminated. Legally when a new employer calls to verify your previous employment is your previous employer allowed to tell that you were fired and why? Or are they legally only allowed to say wether they would or would not hire you back? His pink slip stated he was terminated because he violated policy.


Asked on 12/03/08, 8:41 pm

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: employment background checks

First of all I would make sure he actually violated policy. Many folks on prescription meds function quite well on those meds. However, if his job was one requiring "no" drugs of any kind because of the nature of the job, or if he was supposed to "inform" the employer he was on prescribed drugs and did not, then he probably has no claim for unemployment. Of course if his readings were so high that it implied abuse, that is another story. A former employer, in my experience, will avoid specifics about why a former employee was terminated. So, that probably will not cause you a problem. But, I suggest your husband/you tell prospective employers that he/you are on prescribed medication, and what and why. I suspect the medication is pain medication, and those should only be taken for a short time, so he should be off them now and not a problem. If still on them, he should tell the employer and get a letter from his doctor.

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Answered on 12/04/08, 7:43 am


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