| Well, an ex-employer is not allowed to give out drug test results to "just anyone," regardless of the truth of what is said. An employer or ex-employer cannot, for instance, tell your next-door neighbor or your great Aunt Mildred or, in most cases, your co-worker that you tested positive for drug use.
Under 13 N.C.A.C. §20.0501, an employer or ex-employer must keep drug test results confidential, unless the release of the drug test results is to a person who is authorized to receive the results. Those authorized to receive information about drug test results can include laboratories conducting the tests or retests, government agencies, and courts. Employers are also allowed to reveal the results of drug tests for employment-related reasons, such as for evaluations, disciplinary actions, or in references provided to other employers.
Your rights as an employee in drug testing are that the drug testing is done under reasonable and sanitary conditions, that the drug testing is done in a way that preserves your dignity, and that the drug test "chain of custody" is preserved to guard against adulteration of the sample. In addition, if a drug test result comes back positive, you have the right to challenge the result. An employer, at his expense, must then have a confirmatory test done.
Last edited by quincy; 11-06-2009 at 03:11 PM.
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11-06-2009, 11:39 AM
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