General Question

JesusWasAJewbot's avatar

Can employer disclose failure of drug test?

Asked by JesusWasAJewbot (1510points) February 17th, 2012

If you fail a drug test for employment or already employed and a company drug tests you can they disclose that information to someone who calls for references?

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16 Answers

gambitking's avatar

Nope, they can’t really say that… but there’s other ways to get that sort of message across, so just be ever vigilant, and stop failing drug screens!

marinelife's avatar

They should not be able to directly.

JesusWasAJewbot's avatar

Havent failed one but im about to go take one today and have been applying to other jobs for a few days now.

blueiiznh's avatar

I do not believe so. Most employers will only field a few basic questions to calls that come in, and have actually automated much of it on a web based query.
Validate dates of employment
Validate starting and ending salary
Some employers will not even field the question of “would you hire this person again”.

bkcunningham's avatar

One person from the employer gets the results. You don’t test positive. You test, “non-negative.” That way it is none accusatory so you can defend yourself if you are on a prescription medicine or whatever ‘legal’ reason you may have tested non-negative on the drug test. Like @blueiiznh said, employers are very restricted on what they are allowed to say about employees and/or previsous employees.

missingbite's avatar

It depends on the line of work. If I fail one, future employers will know.

blueiiznh's avatar

@missingbite is correct that some lines of work like law enforcement, Airlines, etc, will share on mandatory levels.

trailsillustrated's avatar

NOO it’s called hippa laws

College_girl's avatar

I applied to petsmart and after taking the drug test they didn’t call for a while. I was so confused since I never took drugs and finally when she called me she said I passed. I asked if she would have called anyway if I failed and she said yes… I don’t know. I’m in Washington state if that makes a difference.

bkcunningham's avatar

@College_girl, you were drug testing during the application process?

College_girl's avatar

They already accepted me and as long as I had a passed it I would be hired

blueiiznh's avatar

@bkcunningham It is a common practice to have drug tests as part of the pre-hire process in almost every industry and job now.

bkcunningham's avatar

I’ve had to take one drug test for a job in my entire career, @blueiiznh. That drug test was two weeks after I was hired. The company PR person came and talked to me and said it was company policy and someone at corporate had noticed I hadn’t taken a pee-test. I asked what would happen if I failed and she cocked her head and said, “Are you afraid you’ll fail?” I told her the company was the one who should be afraid. LOL I studied and passed.

@College_girl, that is the way I thought it worked in certain states. I’m not sure about now, but about seven years ago, because of union rules, you couldn’t drug test in Rhode Island as a condition of employment.

blueiiznh's avatar

@bkcunningham How long ago was it that you were searching and had to take it? It has changed dramatically in the past 3 years here in the Northeast. In the last 2 years, it has been part of every job/Contract that I have done in the IT industry.

bkcunningham's avatar

I took the drug test two weeks after I was hired as a formality for the company because of their policy. I started to protest, but, I’m sad to say, I didn’t. That was about 9 years ago, @blueiiznh. I am against drug testing without cause. It is one of those things that I knew when it was first introduced to our society would turn out to be another slippery slope of giving away our privacy and control to someone else. I can understand drug testing someone after an accident. I don’t understand drug testing for pre-employment.

What is the point? If you are using “drugs” and applying for jobs and know you are going to be drug tested, you either refrain from using before being tested or use something to alter the results. Right?

blueiiznh's avatar

@bkcunningham While i can understand your point to a degree, if someone I want to work for has it a policy for employment to pull background check and/or a drug sceen, I have a choice. I have nothing to hide and do not feel it is a violation to allow them this baseline.
If it is my company and as I know how hard it is to get good emplyees and harder to get rid of bad ones, I also agree with this practice.

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