Legal Question in Employment Law in Pennsylvania

My husband worked on a construction site. He was a lift operator. Yesterday, he had a accident while running his machine. It was minor, as no one was injured ,nor was there any damage of any kind. He reported the incident in proper manner and righted to problem it caused. The incident was then reported to his supervisor, who was there within 5 minutes of the incident with termination papers. He refused to sign the paper, not agreeing with the action taken. He turned in all of his work related items and filled out an incident report before being escorted off the job site. My husband's co-workers questioned why he was fired o the spot when the company protocol is to give three days off without pay for the first offense. His supervisor told the co-workers that my husband's drug test came back positive for drugs, which he had just taken it and it was not even determined yet. Which, I will be negative anyway. My question is, does a boss have the legal right to divulge drug tests to anyone, whether they are positive or negative? This may have caused the hasty firing of my husband, as he may have made that statement to higher ups to expedite the firing process. It will also negatively impact his ability to get a job as a machine operator, as many other large companies are working on this Oil-fired electric plant. Help!!!!


Asked on 5/07/15, 10:10 am

1 Answer from Attorneys

Solomon Weinstein Solomon Weinstein, Esquire

I suggest you immediately speak with a lawyer. there is much going on here and your husband should seek legal advice where an attorney can review all the facts an d advise him properly.

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Answered on 5/07/15, 11:48 am


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