Employee confidentiality

[BugHogan]

Minnesota

What is the law pertaining to what a former employer can disclose to a prospective employer during a reference check? I have a friend who was terminated from his job for a positive random drug test. Otherwise, he was an exemplary employee with a spotless record. Can his former employer disclose the drug test information or is it protected under confidentiality laws? This would not be an issue with his immediate supervisors, since they were highly upset he was let go and would be more than willing to give him a good reference.

 

[Beth3]

Yes, this information may be disclosed in a reference check. There are no laws that give an employee any rights to confidentiality regarding the particulars of their employment history except for any medical records, i.e. diagnoses related to LOA's the employee took, etc. Being discharged for a positive drug test does not qualify as a medical record.

An employer may disclose any truthful information they choose to during a reference check.