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Are past failed drug tests(13 years)private information. Will this show up on a background check ? An employer called and said something interesting showed up and he may have to resubmit the chexk
Optional Information: Country relating to Question: United States
Welcome and thank you for your question!Please clarify: was this a test administered by a prior employer which resulted in discipline?
Yes
Thank you. When you left that employer did you have a signed separation agreement which restricted what information the employer could disclose to others?
I went to consouling an.d currently employed with same employer WIWiTgState of mn. No further disipline private. Employer I'm. Now searchingfor new job
Thank you. As a matter of law, that information is not private or confidential. It can be disclosed to others.The patient privacy protections of HIPAA does not apply to employers (that may be what you're thinking of). This matter is explained by the U.S. Department of Health and Human Services here: http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/employers.htmlIt has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
Would they not be worried about legai action I could take
There is no legal action that you can take. It's not private information. There is no legal basis to sue if it's disclosed. Thus, no, they would not be worried.What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
Experience: Explains legal matters based on 14+ years experience.