Legal Question in Employment Law in Virginia

release of result of medical test

My former employer requested that I take an alcohol test and I complied as required by the employee handbook. I was told that I would be contacted with the results within 3 business days. My employer did not contact me. After 7 days I fax'd my resignation. My employer made an announcement following my resignation that I had failed an alcohol test. They informed the employees that they had offered me rehab and that I had refused. I never received a phone call from my former employer. They mailed me a letter accepting my resignation. I did not have a history of alcohol abuse or treatment. My employee handbook specifically states they were not allowed to reslease the results of medical tests. (Especially when they didn't notify me) Are they in violation ?


Asked on 5/26/99, 11:02 pm

1 Answer from Attorneys
Dymond Steven Steven H. Dymond P.C.

Re: release of result of medical test

while I offer no legal opinion you may have a case of defamation or slander, if the allegation was false, or invasion of privacy for the disclosure of these facts to other employees with no need to know. this presumes that you did not otherwise publish this information yourself by talking about with other employees before management told others.

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Answered on 6/02/99, 12:04 pm


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