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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118793
Experience:  20+ Years of Employment Law Experience
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Hypothetically someone works on/or for a tribal

Customer Question

hypothetically someone works on/or for a tribal government/completely separate from the enterprise or casino side of the business, and this person knows their is no way he tested positive for a drug test. Then 13 days later that's exactly what happened. This company will not disclose anything. Do they have to? I want dates, copy's of chain of custody, times, everything that has to do with me and that secession. Is it true you can not sign away your privacy rights in CA? If it was on the document I signed before collection there was nothing explained about that form and no time to read it either
Submitted: 11 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The employer does not have to disclose anything about the test results and also any claims against the employer for this issue would have to be brought under tribal law, which would mean needing a tribal lawyer. Even though nothing was explained to the employee, if they were provided the form, it was up to the employee to read before signing and the employee's signature on the form means they agreed to the terms.
You can sign your privacy rights away in CA and it happens all the time where parties agree to disclose medical and other types of private records. Furthermore, if you work for a tribal employer or government employer or even private employer in CA they can drug test you as an employee.
Your cause of action would have to be to sue to challenge the test results and that would be in tribal court and requires you to get another test, generally a hair follicle as that test shows further back and would prove their other test is improper.
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