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seriously · Nov 15, 2007, 12:13 PM

My employer disclosed two drug test results of mine to local law enforcement. They were negative for drugs by the way. I never gave consent, verbal or signed to do so. In fact they never told my they were going to do this. I learned after the fact. Have my rights been violated?

ScottGem · Nov 15, 2007, 12:19 PM

That depends. Did the police obtain a court order to get the info? If your employer just handed it over without protest then you may have a violation

seriously · Nov 15, 2007, 12:27 PM

I do not believe it was court ordered. I have never been arrested for any drug charges, actually I have never been arrested. How can I find out if it was court ordered? I would rather not ask my employer.

ScottGem · Nov 15, 2007, 12:37 PM

How did you learn about it?

seriously · Nov 15, 2007, 12:44 PM

My employer told me she did, after she told me the results. I asked if she could give this kind of information, she said yes. I do not understand why local law enforcement would get a court order when I have no prior arrests of any nature or pending charges. Could law enforcement ask for this info without a court order?

J_9 · Nov 15, 2007, 12:48 PM

Were these illegal street drugs?

seriously · Nov 15, 2007, 12:51 PM

Originally Posted by J_9

Were these illegal street drugs?

The drug test was looking for illegal drugs, but my test results were negative.

J_9 · Nov 15, 2007, 01:02 PM

Hmmm, then the problem is? Many states are trying to crack down hard on drugs and drug dealers. Some states may be turning in all drug tests.

In my state when a drug dealer is under arrest they call in the IRS who comes out and "collects" taxes on the scene for income, this just started recently.

seriously · Nov 15, 2007, 01:14 PM

Originally Posted by J_9

Hmmm, then the problem is? Many states are trying to crack down hard on drugs and drug dealers. Some states may be turning in all drug tests.

In my state when a drug dealer is under arrest they call in the IRS who comes out and "collects" taxes on the scene for income, this just started recently.

I am from WI, I don't know if that makes a difference. Like I said I have no prior convictions, pending charges, arrests of any kind. I have never been in trouble with the law.

J_9 · Nov 15, 2007, 01:17 PM

I wonder if your state is one of the states who is now turning in all drug tests. It is a possibility. However, your test came up negative, so you have nothing to worry about right?

Fr_Chuck · Nov 15, 2007, 01:20 PM

They can get a court order by various methods, if for example a drug dealer gave your name up in an arrest as a client, if you have a known drug user as a close friend, and so on. If they find a freiendly judge all they have to do is ask and msot likely get a warrrant.

seriously · Nov 15, 2007, 01:25 PM

Originally Posted by Fr_Chuck

They can get a court order by various methods, if for example a drug dealer gave your name up in an arrest as a client, if you have a known drug user as a close friend, and so on. If they find a freiendly judge all they have to do is ask and msot likely get a warrrant.

How would I know if I was court ordered, could I go to the court house and ask? If I was court ordered without my knowlegde, could I get in trouble if I refused another drug test from my employer, legal wise? I know I would be fired.

J_9 · Nov 15, 2007, 01:29 PM

You never want to refuse a drug test, as you said you would get fired. But why are you worrying so much? Your test was negative. Do you regularly do drugs and you got off scott free this time?

seriously · Nov 15, 2007, 01:31 PM

Originally Posted by J_9

I wonder if your state is one of the states who is now turning in all drug tests. It is a possibility. However, your test came up negative, so you have nothing to worry about right?

In that sense no, I a have nothing to worry about. What I am concerned about is the fact that they gave private medical info to police which is none of their business and I would like to find out if they if they were legally able to. If not I am definitely going to contact a lawyer about HIPAA violation.

ScottGem · Nov 15, 2007, 01:38 PM

So you ask them why they released the info.

seriously · Nov 15, 2007, 01:57 PM

Originally Posted by J_9

You never want to refuse a drug test, as you said you would get fired. But why are you worrying so much? Your test was negative. Do you regularly do drugs and you got off scott free this time?

No I do not do drugs, I just do not want police to know the inner fuctions of my body. I think I have that right since I am a law abiding person. If they do not have that right I am going to seek representation on violation of my privacy towards medical info.

JudyKayTee · Nov 15, 2007, 02:00 PM

Originally Posted by seriously

My employer disclosed two drug test results of mine to local law enforcement. They were negative for drugs by the way. I never gave consent, verbal or signed to do so. In fact they never told my they were going to do this. I learned after the fact. Have my rights been violated?

Why did they do this? By Police request? By Court order? This is very unusual from what I know - the Police would have absolutely no interest in your "clean" drug test. I have seen results of Court-ordered tests which are performed by an employer released if that is one of the conditions of parole, probation, employment.

I have also seen very broad Releases presented at employment drug testing, Releases which permit positive drug test info to be released to the Police in the event of a positive result, as required by an insurance company which bonds the employee. Were you presented with a Release? What did it say?

seriously · Nov 15, 2007, 02:08 PM

Originally Posted by JudyKayTee

Why did they do this? By Police request? By Court order? This is very unusual from what I know - the Police would have absolutely no interest in your "clean" drug test. I have seen results of Court-ordered tests which are performed by an employer released if that is one of the conditions of parole, probation, employment.

I have also seen very broad Releases presented at employment drug testing, Releases which permit positive drug test info to be released to the Police in the event of a positive result, as required by an insurance company which bonds the employee. Were you presented with a Release? What did it say?

I was not presented with a release. According to our drug testing policy, they could do random drug testing on an employee or if the employee seems to be under the influence of drugs. Which I doubt was reported by anyone because I just recently had an excellent review and a raise to boot for it.

J_9 · Nov 15, 2007, 02:23 PM

Okay then don't worry about it. The only info that was released was that you are clean. Big deal. I mean you are making a mountain out of a molehill. It's not like they told a prospective employer that you are schizophrenic or something.

You really are stressing out over absolutely nothing.

seriously · Nov 15, 2007, 02:31 PM

Originally Posted by J_9

Okay then don't worry about it. The only info that was released was that you are clean. Big deal. I mean you are making a mountain out of a molehill. It's not like they told a prospective employer that you are schizophrenic or something.

You really are stressing out over absolutely nothing.

To me it is a big deal, because if my HIPAA privacy was violated then it was wrong for my employer to do so and I have legal rights period.