Question about Employer revealing drug test results

[LuLu]

Hello fellow Swimmers,
My question is this: Does anyone know if an employer can tell prospective employers that an employee was fired for failing a drug test? Or anyone listed as a reference from your former employer?

To MODS: Hopefully SWIM is not posting a question that has been addressed previously. SWIM did UTFSE, so, if the question was missed, SWIM is offering apologies now

[Pinkavvy]

It varies from state to state; but for the most part, at least in the 3 states that swim has worked in, the previous employer can basically only tell a propective employer if they would hire the person back or not.

So, if swiy got fired from an employer for failing a drug test, why would swiy want to use that employer as a reference? Just don't list that employer on your job history.

[LuLu]

Originally Posted by Pinkavvy

It varies from state to state; but for the most part, at least in the 3 states that swim has worked in, the previous employer can basically only tell a propective employer if they would hire the person back or not.

So, if swiy got fired from an employer for failing a drug test, why would swiy want to use that employer as a reference? Just don't list that employer on your job history.

Hey Pinkavvy!

Thanks for the info! SWIM has been searching and that is what he's finding also, but even where it's against the law, employers can get around it if they really want to tell. And as for using this employer as a reference, SWIM has worked for this company a long time and he wouldn't have a job history or employers to list without this one! But, SWIM has a good attitude, he made some careless mistakes that seem to have cost him a great deal, but he has learned some things out of this, and is looking on it all as an opportunity to do something that makes him happy for a change!

[mick mouse]

Normally, all a prospective employer will get is the time frame in which SWIY was employed and wether or not they are eligable for re-hire, as SWIpinkavvy mentioned. Most will not give out any further information, even if they were allowed to, for fear of liability or lawsuits. Call your HR department, tell them you are "joe shit shoeshine, inc." and ask for a reference. that way you will know for sure.

[Nagognog2]

The people to call and ask is not the employer. It is the insurance company that the employer uses. They hold the cards in this game. Think about it. You fall off the ladder screwing in the lightbulb, and you were on drugs, the insurance company doesn't cover a "drug-induced accident." Now the company pays higher rates for insurance if you don't pee in that jar. So whip it out and show 'em what you don't got.

Explain that you don't make your employees pee to the shareholders in their pissant company. Your Bill of Rights has been sold.

[LuLu]

Originally Posted by Nagognog2

The people to call and ask is not the employer. It is the insurance company that the employer uses. They hold the cards in this game. Think about it. You fall off the ladder screwing in the lightbulb, and you were on drugs, the insurance company doesn't cover a "drug-induced accident." Now the company pays higher rates for insurance if you don't pee in that jar. So whip it out and show 'em what you don't got.

Explain that you don't make your employees pee to the shareholders in their pissant company. Your Bill of Rights has been sold.

SWIM had no idea just how few "rights" he had as an employee until this fiasco! What is so ironic, is that SWIM had an exemplary work record, praise and recognition for a job well done all these years! Now SWIM has been treated as a pariah. People who do not know SWIM at all are telling him what is "wrong" with him, instructing SWIM that he cannot consume even alcohol while being "evaluated" and telling SWIM that he will do as "the company tells him to" for the next five years! SWIM has never responded well to threats!(swim is now unemployed!) SWIM is the same person he was before! SWIM hasn't changed, "their" perception of SWIM is what has changed. SWIM is looking into how far reaching these consequences are and the more he finds out, the scarier it is! SWIM is not sure how he intends to put all this together, but he is wanting to learn more to protect his rights and other employees as well.

[chstudent]

For the most part no, but SWIM would not use them as a reference in the first place. Details might not be given but the previous employer will most likely not give a very "glowing" reference.