I was asked to take random drug screen. Then I was told policy states someone must take me to testing facility. After I was told it was policy to go home until results came in. Went home and thought about it and came to conclusion I was lied to. I quit the facility the next day which was March 12, 2013. May 9, 2013 I was contacted by the state board of nursing. The employer reported I was suspected of drug use and failed a drug test and was fired. My paperwork says random not suspected and I quit I was not fired. Apparently results did not come in until April at least 3 weeks after taking the test and not working there. Can an employer lie to an employee in that manner? Can they report to board suspected when it was random? I am now under investigation and can not work.
Pursuant to Ohio statute, Your employer would be obligated to report suspicion of drug use and the fact that you failed a drug test to the Ohio Board of Nursing even if you were a former employee. In your response to the complaint, you can clarify the circumstances of your departure from the employer, i.e., random vs. suspected and resigned vs. termination.
As to whether an employer can mislead an employee regarding the nature and circumstances of the drug testing, you may need to consult with an employment attorney, in your area. A review of your employee handbook may be beneficial. Employee handbooks, typically, have policies concerning random drug testing and testing resulting from suspicious behavior.
Lori A. Strobl
Strobl & Associates, Co. LPA
1015 E. Centerville Station Rd.
Centerville, Ohio 45459
This website contains general information only. The information contained in this website is not intended to convey or constitute legal advice on any subject matter or intended as advertising or a solicitation. Readers should not rely on the information presented on this website for any purpose without seeking legal advice on the specific facts and circumstances at issue from a licensed attorney in the reader’s state. The information in this website contains general information which is intended, but cannot be guaranteed, to be always up-to-date, complete and accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed. Strobl & Associates, Co., L.P.A. expressly disclaims all liability or responsibility with respect to actions taken or not taken based on any or all of the information contained in this website. Readers should not consider the information presented on this website to be an invitation for an attorney-client relationship, and the transmission of such information is not intended to create, and receipt does not constitute, and attorney-client relationship between the reader and Strobl & Associates, Co., L.P.A. The content of any Internet e-mail sent to Strobl & Associates, Co., L.P.A. or to its attorneys at the e-mail addresses set forth in this website will not create an attorney-client relationship and will not be treated as confidential. Readers should be aware that communications via the Internet may not be secure. Strobl & Associates Co., L.P.A. does not necessarily endorse, and is not responsible for, any third-party content that may be accessed through this website.