Skip to main content

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


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.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

Mark as helpful

5 lawyers agree


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.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

Mark as helpful

1 lawyer agrees

1 comment

Edna Carroll Straus

Edna Carroll Straus


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

Employment topics

Recommended articles about Employment

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics