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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?

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.

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Attorney answers 1


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

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