Legal Question in Employment Law in Illinois
Background Investigation for Employers
You have signed a release form for a former employer to release information on drug and alcohol to a new employer and you were terminated from your last job based on a urynalisis that indicated you were positive for drugs......Is there a certain type of drug screen that can be challenged in court?..example: This person was found positive for a certain drugs but the company did not indicate levels of the drugs that were found in (ng's) in his system....nor did the company perform a drug screen that indicated any levels of what types of drugs were found in (ng's)?
Does that give Human Resources the right to use this information and give it to the new employer on the basis that they were found positive but failed to indicate at what levels of (ng's) were found in there system...and ruin that person' credibility on the basis of just a positive urynalisis? Especially when the drug and alcohol release form is a Federal process for truck driver's? This person did not loose his Class A CDL......
1 Answer from Attorneys
Re: Background Investigation for Employers
Hello. This information can be released to the new prospective employer, but if false information is given out, the former employer can be sued for slander and/or libel. In other words, if the truth is stretched about the extent to which drugs were found in this person's system and this is overwhelmingly not true, then I suggests that the person file a lawsuit against the old employer for slander and defamation if this statement is also put in writing. Will be happy discuss this further and in more detail.
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