Questions regarding HR investigation

[quincy]

It is a medical practice. We are both patients as well.

We were taken to an outside company for the actual testing. I was not told his results, but it's pretty obvious they were positive as I was asked to come back and he was not as of yet.

You both were employees and patients - and both of you were accused of using drugs during work hours? Interesting.

The fact that your coworker has not returned might mean nothing. False positives are not unusual. There would be a re-test.

From the link I provided earlier, you can read “What information is protected.”

The fact that you and your coworker were together when told of the (false) accusations and asked to take drug tests would (generally) not be a problem. What would be a problem is if your medical information and your coworker’s medical information was shared at that time. Or if test results were shared.

 

[hire21618]

You both were employees and patients - and both of you were accused of using drugs during work hours? Interesting.

The fact that your coworker has not returned might mean nothing. False positives are not unusual. There would be a re-test.

From the link I provided earlier, you can read “What information is protected.”

The fact that you and your coworker were together when told of the (false) accusations and asked to take drug tests would (generally) not be a problem. What would be a problem is if your medical information and your coworker’s medical information was shared at that time. Or if test results were shared.

I

You both were employees and patients - and both of you were accused of using drugs during work hours? Interesting.

The fact that your coworker has not returned might mean nothing. False positives are not unusual. There would be a re-test.

From the link I provided earlier, you can read “What information is protected.”

The fact that you and your coworker were together when told of the (false) accusations and asked to take drug tests would (generally) not be a problem. What would be a problem is if your medical information and your coworker’s medical information was shared at that time. Or if test results were shared.

The coworker I assume made the accusation also went around saying coworker who also got tested and I were in a relationship. There's also a no fraternization policy. I assumed when we were called down this is what would be addressed, and was completely blindsided by the allegation of drug use during work functions.

If it would be positive during the retest, it's highly unlikely they wouldn't fire him, correct?

 

[quincy]

I


The coworker I assume made the accusation also went around saying coworker who also got tested and I were in a relationship. There's also a no fraternization policy. I assumed when we were called down this is what would be addressed, and was completely blindsided by the allegation of drug use during work functions.

If it would be positive during the retest, it's highly unlikely they wouldn't fire him, correct?

If an employee’s drug test comes back positive, the employer has several options, one of which could be firing the employee (depending on facts) but there are other options available as well.

Because of privacy laws, however, you will not know the results of your coworker’s test(s) or what actions your employer has taken, unless your coworker shares this information with you. The employer is unlikely to tell you or the other workers anything.

I suggest you do not play too many guessing games. I recommend you concentrate on your work and leave all speculation behind, ignoring rumors, gossip, and toxic coworkers.

 

[rockerfox]

You both were employees and patients - and both of you were accused of using drugs during work hours? Interesting.

The fact that your coworker has not returned might mean nothing. False positives are not unusual. There would be a re-test.

From the link I provided earlier, you can read “What information is protected.”

The fact that you and your coworker were together when told of the (false) accusations and asked to take drug tests would (generally) not be a problem. What would be a problem is if your medical information and your coworker’s medical information was shared at that time. Or if test results were shared.

I wonder if they could sue for defamation.

https://www.merriam-webster.com/legal/libel per se

https://legal-dictionary.thefreedictionary.com/libel+per+se

Cause they were falsely accused of using drugs and dating someone.

I think in current year 2021 we found out that certain kinds of speech are not protected, like post something that is listed as fake news on facebook and it gets blanked out.

First amendment only says the government cannot arrest someone for what they say,it doesn't say other people have to put up with what someone says.

 

[Ohiogal]

I wonder if they could sue for defamation.

https://www.merriam-webster.com/legal/libel per se

https://legal-dictionary.thefreedictionary.com/libel+per+se

Cause they were falsely accused of using drugs and dating someone.

I think in current year 2021 we found out that certain kinds of speech are not protected, like post something that is listed as fake news on facebook and it gets blanked out.

First amendment only says the government cannot arrest someone for what they say,it doesn't say other people have to put up with what someone says.

DO NOT NECROPOST. The person hasn't been back in three months.

 

[quincy]

I wonder if they could sue for defamation.

https://www.merriam-webster.com/legal/libel per se

https://legal-dictionary.thefreedictionary.com/libel+per+se

Cause they were falsely accused of using drugs and dating someone.

I think in current year 2021 we found out that certain kinds of speech are not protected, like post something that is listed as fake news on facebook and it gets blanked out.

First amendment only says the government cannot arrest someone for what they say,it doesn't say other people have to put up with what someone says.

Defamation claims are notoriously costly legal actions to pursue. An intracorporate privilege could protect from defamation the initial report of suspected drug use made by a coworker to management - but it would not protect any false statements made by a coworker to others in the workplace.

Here is a link to an overview of Indiana’s defamation law, published in 2014 by the Digital Media Law Project (DMLP):

http://dmlp.org/legal-guide/indiana-defamation-law