How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask wallstreetfighter Your Own Question

wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16301
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
16356563
Type Your Employment Law Question Here...
wallstreetfighter is online now
A new question is answered every 9 seconds

I failed a pre-employment drug test for a travel nursing company

Resolved Question:

I failed a pre-employment drug test for a travel nursing company that sub contracts for the hospital I now work for. As a result of that, my contract was cancelled. I applied to the hospital itself and am employed by them now. I passed the pre-employment screening test they gave me and today, called me in to be tested because they stated they had 'reasonable cause' to test me. The board of Nursing has stated that they were dismissing this and were not pursuing it any more. Weren't my rights to privacy violated here somehow?
Submitted: 1 year ago.
Category: Employment Law
Expert:  wallstreetfighter replied 1 year ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

Who notified the board of nursing?

wallstreetfighter :

Was it the first employer?

Customer:

Initial notification to the board of nursing was from the travel company. I believe they are required to notify them

Customer:

the travel company is the first employer and the hospital is the 'second'

wallstreetfighter :

They would be required to notify the board,

Customer:

they did

wallstreetfighter :

the second employer may have had suspicion due to the initial review,

Customer:

they were not privy to that information

Customer:

all they knew is that my contract was cancelled

wallstreetfighter :

how did they justify reasonable suspicion?

Customer:

they did not say

wallstreetfighter :

You may have a privacy claim or ADA claim against the prior employer if they released the information to your new employer,

wallstreetfighter :

also, if the new employer obtained private medical information without your permission, that would be a clear HIPPA and privacy matter,

Customer:

how do i go about finding out that information

wallstreetfighter :

However, under the law in NH, an employer can drug test if they have some reasonable suspicion, but that would entail actions such as missing work, or other behaviour,

Customer:

This was my first day at work

wallstreetfighter :

You can send a letter to HR, asking them for the reason for the test,

wallstreetfighter :

if they do not respond, your only other option would be a lawsuit, contesting

wallstreetfighter :

the reasonable suspicion issue,

wallstreetfighter :

It may be that they were told of the prior failed drug test by another employee, and if you can find out who disclosed it, you could bring a lawsuit against the former employer.

wallstreetfighter :

Courts have stated that "reasonable suspicion" determinations to be based on "specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors" of the employee. These observations should be documented by the supervisors making the reasonable suspicion determinations.

wallstreetfighter :

In your case, since you did not work for them, they must have had some prior information,

wallstreetfighter :

If you wish, you can consider a lawsuit against the first employer for releasing your test results without permission,

Customer:

alright

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

wallstreetfighter :

You may want to send a letter first to the former employer threatening legal action,

Customer:

thank you!

wallstreetfighter :

if they disclose any test results, this way if they were the party involved, they will stop.

wallstreetfighter :

If satisfied with our service please provide us with positive feedback, thank you

Customer:

i cant threaten them...

Customer:

i would need proof first

wallstreetfighter :

You may want to wait then until you have some more concrete evidence, but it is a fair bet that they did disclose the results.

Customer:

and that is illegal right?

wallstreetfighter :

yes, they cannot disclose test results without your permission,

Customer:

is the hospital allowed to ask why my contract was cancelled?

wallstreetfighter :

yes,

Customer:

so they would be allowed to say that pre employment screening was unsatisfactory or something like that

Customer:

which would lead the hospital to think drug testing?

wallstreetfighter :

yes,

wallstreetfighter :

it is possible,

Customer:

is the hospital allowed to then say that is reasonable cause

wallstreetfighter :

no, that is not reasonable cause, as per the law stated,

Customer:

alright

wallstreetfighter :

they would have had seen your actions,

Customer:

of which there werent any

Customer:

i havent been there long enough

Customer:

do you know if the board of nursing is required to inform the current employer?

wallstreetfighter :

I would ask again for what caused them to retest you, and give it some time,

wallstreetfighter :

The employer may have contacted the board of nursing to check if their were any recent complaints, or investigations,

wallstreetfighter :

they may have discovered something about the drug tests,

Customer:

should i have refused the testing without proof of reasonable cause?

Customer:

its not a matter of passing it or not

Customer:

its a matter of why

wallstreetfighter :

you could have, but they could have terminated you, and then you would have to had sue them,

wallstreetfighter :

it is better to take the test and be employed, then spend time and money on a lawsuit,

Customer:

shouldnt all of the checking been done prior to my starting work

wallstreetfighter :

yes,

wallstreetfighter :

they should have checked first,

Customer:

and the fact that i passed their pre employment screening...

Customer:

im just wondering where the 'reasonable cause' to test me today came from

wallstreetfighter :

right, they did not have any,

wallstreetfighter :

they may have discovered something about the prior results,

Customer:

ok

Customer:

thank you

wallstreetfighter :

Good luck, and if you have any further questions please do not hesitate to ask.

Customer:

it sounds like all in all they may have been acting legally but it seemed very odd that it happenedd

wallstreetfighter :

Yes, but be on the look out for any further negative action by them against you

wallstreetfighter :

If satisfied with our service please provide us with positive feedback, thank you

Customer:

good point

Customer:

thank you very much

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16301
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 3 other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.
 
 
 
Chat Now With An Employment Lawyer
wallstreetfighter
wallstreetfighter
Employment Lawyer
16301 Satisfied Customers
14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits