Hi. I work for a company and they issued me a drug test. I received a call a week later from a fellow employee that works there as well. The employee told me that I failed my drug test I took from a week ago. I asked him how he got that information and he told me that our boss told him. Meanwhile, my boss or anyone at the same rank or higher had failed to tell me yet. Meaning they told him before they could even tell me. Isn't it completely illegal for an employer to release that information to him? I would like to pursue a lawsuit on this company, I just wanted to make sure that I can.
Sorry, but based upon the information you provided, you do not have sufficient information or any losses for a viable lawsuit. If yo have additional concerns, you might wish to speak in person with an employment attorney but you should avoid discussing any issue of drug use or results of testing in this public forum.
Although AVVO describes this site as providing free legal advice, it is really a simple Q&A forum. The volunteer attorneys provide general answers. No specific legal advice is given here and no attorney-client relationship is established. For precise direction and legal advice, please consult in person with an attorney in your area. Be sure to bring all relevant paperwork with you.
Lawsuits are based on two things. Liability and damages. It doesn't appear you have been harmed by this disclosure.
This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.
I would certainly say that if your employer disclosed that information to a co-worker that there would certainly be some issue as far as his duty to protect your privacy. The next thing to be determined would be if you suffered any damages. What were your tangible losses as a result of this disclosure. You would also have to determine if the facts as you know them can be substantiated. Contact an employment lawyer to discuss your case.
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