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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7352
Experience:  Significant experience in all areas of employment law.
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My daughter recently applied for a job with Walmart in Southern

Resolved Question:

My daughter recently applied for a job with Walmart in Southern California. She was required to take a drug test and did so. She did not hear back from them for about a month. When she inquired with them she was told she failed the test. They couldn't or wouldn't tell her what she failed for. As she does not do drugs she was upset. She contacted the lab and they told her to contact Walmart regarding the results. Walmart seems to be stalling by saying they are still interviewing for the position. Does she have the right to obtain a copy of the results so she can see just what it is they claim she failed for.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to assist you. My goal is to answer your question completely and thoroughly and to provide excellent service.

I am very sorry to hear about the denial of your daughter's employment application and can certainly understand why you are frustrated that Walmart has not been more forthcoming regarding the results of her drug test.

Unfortunately, employment in the state of California is "at will," and as such, employers are free to hire and fire employees for any reason whatsoever, provided the basis is not an employee or applicant's race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (over 40), or sexual orientation. Denial of employment or termination for any other reason is not illegal.

Unless you have some reason to believe that the denial of your daughter's employment application had something to do with one of the above "protected characteristics" (for example, your daughter had a disability that required her to take a drug that resulted in a false positive on her drug test), there would be no legal basis to demand production of the results.

I realize that the law is not entirely in your favor here and I am truly sorry to have to deliver bad news. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair to you to provide you with anything less.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.
Patrick, Esq., Lawyer
Satisfied Customers: 7352
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

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