Is a failed frugtest a mater of public record?

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Is a failed frugtest a mater of public record?

Can former employer reveal the result to potential new employer?

Asked on November 9, 2010 under Employment Labor Law, Louisiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is really not a matter of "public record" but rather could be a matter that relates to job performance and even job termination.  And yes, your former employer can surely let your new employer know the reasons behind the termination and that you failed the drug test.  I know; it seems rather harsh and that you will never get another job if your old employer keeps telling your prospective employers the reasons beyond your leaving.  But that is one of the consequences you face under these circumstances.  Maybe you need to be the one to bring up the matter first.  Possibly an isolated incident and/or a mistake that you have learned your lesson from.  This way you will not live in fear of what your ex employer will say.  Good luck. 


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