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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33102
Experience:  Began practicing law in 1992
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I am a truck driver, I carry a CDL. My employer requires me

Customer Question

I am a truck driver, I carry a CDL. My employer requires me to report whenever I take a prescription
Narcotic painkiller and won't let me drive for 24 hours.
Now they have asked me to disclose how often I get the prescription and the number of pills I currently have on hand. Do they have a legal right to ask such a question?
Submitted: 10 months ago.
Category: Legal
Expert:  Dwayne B. replied 10 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

It's not illegal for them to ask that since it has a relationship to their rules and your ability to do your job although it is getting very close to the line.

However, it could lead to claim of discrimination under HIPAA if they being taking any kind of action or treat you differently at this point. If you don't provide them the information then they can claim insubordination and terminate you.

What you probably want to do is to go ahead and visit with a local lawyer that does Employment Law, you can find one at www.lawyers.com, and begin preparing for what happens if they discriminate against you or fire you. The lawyer can help you draft letters to them with your responses to any questions, etc. so that the letter can be used as evidence in a trial if you end up having to sue them.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

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