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I had to take a drug test November 29th and Monday the 4th a…

Customer Question
I had to take...

I had to take a drug test November 29th and Monday the 4th a Dr from the lab called me and told me I tested positive , so mean while my mom is in pikeville hospital about to pass but my co. Has not called me to tell me anything but Wednesday morning my good friend that I ride to work with we take turns about each week driving had called me and said the day shift Forman had called him and told him that I failed and what I had failed it on and he might want to drive by his self in count of it. So I never here anything until the next afternoon the Human Resource guy calls me and tells me . But me and my friend thought that was pretty dirty to tell him instead of me I felt like I should have been first to be told and that wasn’t no ones business until I was told about it. WONDERING IF I HAVE A CASE. THANKS FOR YOUR TIME

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

West Virginia,

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

I work on surface mines and it’s full time and it’s not a union mines

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

There all the time telling us to watch what we say and not be harassing anyone cause the job can be sued and I felt like I was done wrong about the way it was handled. Thanks

Submitted: 7 months ago.Category: Employment Law
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12/8/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,366
Experience: Significant experience in all areas of employment law.
Verified

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

I agree that this was not handled well by your employer and that you should have been informed of the positive test directly. However, courts have generally held that employment drug test results are not part of an employee's regular medical records. They are essentially a business record to determine whether the employee is complying with the employer's drug policy. As such, the usual privacy rules that relate to medical information generally don't apply to drug test results. This means it typically isn't illegal to share the results with other employees. So, even though your employer acted unprofessionally here, it is very unlikely that there is any case or legal claim, typically speaking.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. 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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Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago

Hello again,

I just wanted to followup because this question was still open and I have not heard back from you. Was there anything more I can do to assist you? Did you get a chance to review my answer to your question? Please let me know....

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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