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Does my propective employer have to tell me the results of my drug test?

San Jose, CA |

After being told I'm hired and employment contract has been signed and drug test taken, doesn't the hiring manager the one who hired me have to tell me wether I passed the drug test or not? Or should I just take it as since I have heard nothing what so ever from him and since he does not return my emails or voice messages that I did not pass and therefor I will not be starting empolyment even though he had told me to start on Monday and forms are signed already?

Attorney Answers 2

Posted

You have an employment contract? Check the contract to see if it addresses this issue. If not, the general rule is that the prospective employer does not have to give the results. But if the employer is rescinding a contract on this basis, it is in the employer's interests to say so, so there may be some breakdown in communications here.

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Posted

Ms. McCall is correct. The employer is not required to reveal the blood test results to you. Remember that unless you have a term contract, or one that can be terminated for some kind of cause, you are an at will employee, meaning the employer can terminate you for any reason, or even no reason. The employer has no duty to justify its decision to let you go, so it has no duty to show you the test result.

That said, I would not assume you have not been hired. If you were told to start Monday, be there Monday ready to start.

Good luck to you.

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Edna Carroll Straus

Edna Carroll Straus

Posted

and don't do anything further that would EVER show up on a blood test!

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