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Questions about pre-employment drug screening.

 
 
Reply Sat 14 Aug, 2004 10:36 pm
A friend used to work for a company and quit. He later, after giving up on finding a job elsewhere, tried to go back to that company but had to take a pre-employment drug screen; which he failed. The company has offered to take him on after completing a rehab program, but he's not sure he wants to do that; not so much because he's against the idea, but because he needs to work to pay his bills. He's looking for work elsewhere. The main question is can the company tell perspective employers that he failed the test? If it were a simple pre-employment screen for a company that he never worked for, he wouldn't tell anyone anything about it if it didn't appear on his DAC; this is a company that he was employed by for 4yrs, so he has to list the company as a previous employer. Also, he'd taken several random tests and never failed before.
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Type: Discussion • Score: 1 • Views: 1,268 • Replies: 5
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Shosh24
 
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Reply Tue 17 Aug, 2004 03:54 pm
I believe that the previous employer can not tell a perspective employer during the reference check that he failed a drug test. It could potentially create a liability to the company that he worked for. Most employers ask the dates of employment, salary rate, duties of position, and if they are eligible for re-hire. If the employer says that they are not and asked why that is where the drug screen may come into play.

In the company that I work for which is a Human Resources firm we only give dates of employment and salary rate. States are somewhat limit the amount that can be said so that there is no opening for slander.
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roger
 
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Reply Tue 17 Aug, 2004 07:22 pm
An obvious exception would be if friend were a CDL driver. Upon hiring, a form is sent to previous employers. An honest answer is required by law. There may also be other such catagories.
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eoe
 
  1  
Reply Tue 17 Aug, 2004 07:53 pm
Sounds like your friend is in a shitty situation. After all, drug use is partaking in illegal activity and former employees may be required by law to reveal illegal activity.
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apmom1266
 
  1  
Reply Wed 18 Aug, 2004 04:21 pm
Thanks Shosh, roger, and eoe. Yes, my friend is in a crummy position. Yes, he was a truck driver; though he never imbibed while on the job or endangered people. However, he doesn't feel that it's anyone's business what he does on his freetime. Still, he admits to making an error in judgement and feels pretty bad for getting caught.
Fortunately, he's got a job, one that didn't require drug testing. He's also living with us now, so I've insisted that he not smoke anything(much less marijuana) on our property; I've got a 13yr old son and have no desire to risk losing him. One odd thing was that he's never done any other drugs(Well, except caffiene. But what trucker can get by without coffee?), he doesn't smoke cigarettes, and he rarely drinks alcohol(the last time he had beer was when we used it to make beercan chicken). Marijuana was the only illegal substance he ever used, and it had been 1½mos between the time he used and the day he took the drug test. He was pretty upset because we'd always thought it only took 30 days for the stuff to leave the system; evidently it can take up to 90 days.
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roger
 
  1  
Reply Wed 18 Aug, 2004 08:20 pm
I've had the same thought, eoe, but it doesn't seem to work that way. I don't know of a single employer that would reveal information like that without a written release from the former employer. Even CDL drivers complete such a release of liability to be forwarded with the request for information. No release - no answer, at least in the case of my employer.
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