Employment Law

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My employer gave random drug tests, hair, to a small group…

Customer Question
My employer gave random...

My employer gave random drug tests, hair, to a small group of employees, without notice, in front of all other employees and shared my results with other coworkers in casual conversation, then while some were offered counseling and retesting, I was terminated via text message how can this be legal?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

NY

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will, full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of

Submitted: 8 months ago.Category: Employment Law
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Answered in 1 hour by:
10/31/2017
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 8 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,368
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Employment Lawyer: Phillips Esq., Attorney-at-Law replied 8 months ago

I am so sorry to read about your difficulties.

It was egregious violation of your privacy that the employer shared your test results casually with other employees. However, it is not illegal that the employer decided to terminate you because of your positive drug test. Nonetheless, if you were treated differently from other employees who are similarly situated because of your race, gender, age (40 and over) national origin, religion, sexual orientation or the like, you can file complaint of discrimination with New York Division of Human Rights. Click here for complaint information.

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

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