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
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