Can the employer report to state board of nursing I was fired for failing a drug test when I quit 45 day before results were in?

Asked about 1 year ago - Celina, OH

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.

Attorney answers (1)

  1. Lori Ann Strobl

    Contributor Level 13

    Answered . 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
    (937) 496-1450

    This website contains general information only. The information contained in this website is not intended to... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

24,594 answers this week

3,226 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,594 answers this week

3,226 attorneys answering