What are my rights if I was sent for pre-employment drug screening but did not pass?
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What are my rights if I was sent for pre-employment drug screening but did not pass?
I was notified 2 days later by the doctor who was charged with reading and verifying the results that I failed for a certain drug, however he assured me that he would not be disclosing the specific drug, only that I failed. I agreed and assured that I did not want that information released, simply the failure of the drug test. The next day, I receive an email from the HR department for the company I was testing for, stating that they were not going to continue with me due to my failure for marijuana. The doctor in question maintains that he did not release my information, and he also maintains that no one else but him knows the results of the test. I feel invaded. Is there anything that I can do?
Asked on January 22, 2016 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
"Feeling invaded" does not, wthout more, give rise to a valid cause of action, since the law does not provide any compensation for your feelings. If later, you find (and, of course, believe you can prove) that this information got out and caused you to lose or miss out on some other job or suffer some other economic loss, then you may have a cause of action against the doctor, since he or someone in his office did negligently release the information.
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