Legal Question in Civil Litigation in Wyoming
Slander?
I was fired from my job for failing a drug test. I immediatly went, when notified of results and took another test which was negative. I was told the 2nd test doen't matter. I found out later that the testing company had problems with swapping of samples within the company I worked. I was told that HR has fixed the problem with the testing company and it couldn't happen again. I was told also that getting a drug test over-turned was impossible. So I started looking for a job within the field of my expertise. I was going to be interviewed when all of a sudden the company changed their minds. I found out that 4 former employees of my company went to work their and told the manager of my termination. I checked back with my former employer, since it was a Non-DOT drug test which is suppose to be confididential in their policy. I was told that I was fired because of the test, it's a true statement not slander. I have now lost 2 jobs because of this. What do I do now?
1 Answer from Attorneys
Re: Slander?
If it can be proven that the drug testing company
actually switched your sample with someone who did
use drugs, you could have an action against that
company. You may have an action against your employer
if they gave out information they had assured you
would be held in confidence. It may be that the
four employees you mentioned drew an inference
from the fact you were fired after the tests were
taken, and not that anyone in the company told
your interviewing company anything. I cannot tell
from your fact statement.
If you have not yet done so, get a copy of your
personnel file and the company policy that said
non-DOT drug test results are confidential. Then
go to the state department of employment and see
if anyone there can help you. If not, you need to
consult an attorney who specializes in employment
or labor law.
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