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Patrick, Esq.
Patrick, Esq., Lawyer
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I was an employee at a large manufacturing facility and was

Customer Question

I was an employee at a large manufacturing facility and was terminated because I failed a drug test. The drug test was announced verbally in office prior to my taking it, and when it was administered, the results were verbally communicated in a room full of my peers. Everyone in that company knows what I was terminated, and I have even been turned down for employment locally because a the recruiter told me she knew what happened to me at my last job.
I want to know if my rights were violated under any employment laws? Obviously, they had a right to terminate me for failing the drug test. However, I was a star employee and had just received a merit raise and promotion some 6 months prior... I do not feel that the testing was administered properly, and i feel that my rights were violated due to their actions.
Submitted: 5 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 5 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

While I certainly do appreciate your frustration, it is not illegal to announce that an employee will be taking a drug test or the results of a drug test in front of other people. Drug tests are not treated like other medical records, for which a reasonable expectation of privacy does exist under the law. The sole purpose of a drug test is to determine whether an employee has complied with the employer's policies regarding drug use. An employee does not have an expectation of privacy with respect to whether they are complying with policy. With no reasonable expectation of privacy, an employer is free to share the information in front of whomever it chooses, even if doing so is embarrassing and bad form.

Therefore, while I truly wish I could tell you otherwise, the facts you have described would not suggest any actionable conduct on the part of the employer.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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