Can My Previous Employer Tell Prospective Employers That I Tested Positive Ona Random Drug Test While Working?
Question by mkeys: Can my previous employer tell prospective employers that I tested positive ona random drug test while working?
Okay, so I worked at my previous job for a year, (I was an office assistant), and then all of a sudden I was randomly drug tested, as well as tested for alcohol….so I tested positive….for both. I had a .08 alcohol level, tested positive for marijuana and amphetamines (yea I know, BAD). I went binge drinking the night before I had gone to work, so I was Extremely hungover, but definitely NOT drunk while at work!!! I was asked to temporarily leave work, and I was offered to keep my job, But only after I complete a rehab program…. So, I decided no to follow through w/ the program cuz I felt I wouldn’t feel comfortable returning to work, especially knowing that they would think of me as a “pothead, alcoholic crackhead scullywag bitch”, okay, so I felt really ashamed of myself……(still do). I eventually decided to resign, didn’t get fired.
Sooo, I”ve now been unemployed since, ’bout 5months now, I’ve been on a massive job hunt, but I don’t ever receive any calls!! crazy, cuz I’ve never had a problem finding a job. I am an extremely intelligent, hard working individual, who’s well educated and have always excelled in work. But, unfortunately I fucked up this time. I think that my previous job is badmouthing me to prospective employers…is it legal in California for them to say what actually happened??? or would it be considered libel/ slander??
P.S. Can I omit this job from my resume, and add a “false” one, or would prospective employer’s find out through my background check??
P.S.S. I am completely drug-free now!! I still drink every now and then, but my partying rockstar days are over. I def. learned my lesson…so please no lecture’s!! We all make mistakes, I was going through a VERY difficult time in my life, and unfortunately used drugs as my outlet…pffft. I just want one more chance…I’ve been going crazy not being employed, can’t even get unemployement because of the situation. I need to pay my bills!!!
Serious answers only!
Best answer:
Answer by Teagan
Well I am not in Cali, but I have lived in other states! And as far as my knowledge goes your former employer is not legally aloud to say that.
Potential employers are only able to ask 3 questions
1) did you work there from the date of X to the date of X?
2) are you rehireable?
3) where there any issues with attendance?
And past employers are not aloud to answer but by simply stating yes or no! They are not aloud to go into details on the matters!
You could have a friend call and act as though they are a potential employer and find out!
You can also exclude them from your resume. It is a whole year of employment, but you could come up with some idea as to why you have been unemployed for so long!
Most employers do not do back ground checks like a school or police agency or a bank would.
Check with your local L&I office and check the laws in your state to be clear. Or go to google.com and look it up!
Give your answer to this question below!