will a 6yro. pos. drug test dissqualify me from driving

by william j smith
(winsted,ct.)

I worked for a company that I came up pos. on my drug test back in 2004. I attended a substance abuse class for first time offenders at my expense with the understanding that this would not show up on my work background (dac report) and it hasn't and have worked for a company since with no problems until 2009 when I got laid off.

Since then, any job I apply for the office manager from that 2004 job tells any company I apply to about the pos.drug result. Can she LEGALLY do this when it's not even on my work history (dac report)? from 6 yrs. ago

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Oct 17, 2010
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After 6 years?
by: Doug

There are DOT regulations that govern what you are talking about vis a vis drug tests. Companies must maintain records three years pre-employment positive tests, and five years for random tests. Nothing in those regulations say they *must* report them to anyone who asks. The area thus becomes a bit grey, but one would think that standard employer-employee rules apply...

I'm not a trucker (but a relative of one), but I know I would sue (or threaten to sue) if a former employer said anything negative about me except what's spelled out in labor law. They can say if you were dismissed, or if they would hire you again. That's it. I'd find a lawyer to sort it out.

Oct 17, 2010
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Miss-communication?
by: Jimmy

Never said YOU were a druggie. I was trying to explain, in a broad sense, your options as I know them. (from your original post). Now ,I'm confused as to why you were given a leave of absense originally, then, as of now, you don't work there. Anyway, you seem to be concerned that the office girl is "badmouthing you". And I'm saying she has the legal right to disclose a failed drug test while you were employed there. Not what you want to hear, I'm sure. But, don't take my word, consult an attorney. Good luck.....Jimmy

Oct 15, 2010
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this is BULLSHIT
by: Anonymous

Jimmy, I never said I got fired I'm not a druggie I lost both my parents within a 3 month period it was just a bit much to handle all at once, I'm not trying to make excuses so don't judge me when you don't even know me. That co. never fired me they gave me a leave of absence to hire a substance abuse counsollor at my expence to keep it off my record being it was a first offense and it's not on my record, I even changed jobs in 2005 and never had a problem now all of a sudden 6 yrs. later this bitch can run her mouth and you say it's legal maybe I'm talking to the wrong person

Oct 15, 2010
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What's private and what's not.
by: Jimmy

Any company can ask and any company can tell about drug tests results. That is not private. That is the purpose, right? No company wants to hire a druggie that got fired from another company and is un-aware of his/her drug use.

DAC (Hireright) is a third party reporting agency that makes it's money from companies subscribing to it's services. Not all trucking companies subcsribe to DAC. DAC simply reports what trucking companies report to them.

All trucking companies have a form when processing in wanting info from previous employers about any failed drug tests. So, your previous employer is perfectly legal in disclosing your failed test. Jimmy

Oct 15, 2010
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unfair
by: Anonymous

no she can not because you are protected under the hippa privacy act all they can report is your hire dates and termination dates that is what the hire right report is for hire a lawyer go to youf local employment security commission and report her

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