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Who notified the board of nursing?
Was it the first employer?
Initial notification to the board of nursing was from the travel company. I believe they are required to notify them
the travel company is the first employer and the hospital is the 'second'
They would be required to notify the board,
the second employer may have had suspicion due to the initial review,
they were not privy to that information
all they knew is that my contract was cancelled
how did they justify reasonable suspicion?
they did not say
You may have a privacy claim or ADA claim against the prior employer if they released the information to your new employer,
also, if the new employer obtained private medical information without your permission, that would be a clear HIPPA and privacy matter,
how do i go about finding out that information
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,
This was my first day at work
You can send a letter to HR, asking them for the reason for the test,
if they do not respond, your only other option would be a lawsuit, contesting
the reasonable suspicion issue,
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.
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.
In your case, since you did not work for them, they must have had some prior information,
If you wish, you can consider a lawsuit against the first employer for releasing your test results without permission,
If you have any further questions please do not hesitate to ask.
You may want to send a letter first to the former employer threatening legal action,
if they disclose any test results, this way if they were the party involved, they will stop.
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i cant threaten them...
i would need proof first
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.
and that is illegal right?
yes, they cannot disclose test results without your permission,
is the hospital allowed to ask why my contract was cancelled?
so they would be allowed to say that pre employment screening was unsatisfactory or something like that
which would lead the hospital to think drug testing?
it is possible,
is the hospital allowed to then say that is reasonable cause
no, that is not reasonable cause, as per the law stated,
they would have had seen your actions,
of which there werent any
i havent been there long enough
do you know if the board of nursing is required to inform the current employer?
I would ask again for what caused them to retest you, and give it some time,
The employer may have contacted the board of nursing to check if their were any recent complaints, or investigations,
they may have discovered something about the drug tests,
should i have refused the testing without proof of reasonable cause?
its not a matter of passing it or not
its a matter of why
you could have, but they could have terminated you, and then you would have to had sue them,
it is better to take the test and be employed, then spend time and money on a lawsuit,
shouldnt all of the checking been done prior to my starting work
they should have checked first,
and the fact that i passed their pre employment screening...
im just wondering where the 'reasonable cause' to test me today came from
right, they did not have any,
they may have discovered something about the prior results,
Good luck, and if you have any further questions please do not hesitate to ask.
it sounds like all in all they may have been acting legally but it seemed very odd that it happenedd
Yes, but be on the look out for any further negative action by them against you
thank you very much
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