It's Not Illegal Though..Is It?

Yeah I'm totally confused now reading this thread.
I thought you were asking if they could pass your failing drug test information to other businesses. That would be totally illegal if they did.

I'm reading this though and am totally confused- are you thinking of sueing them for not giving you the job when you failed their drug test?! Are you kidding? You're not serious, @schuylaar are you? You failed, you go find another job, there's no recourse for this. They'd throw your case out.

Edit- ok I just re-read it- I guess you're asking if you get high in a legal state while on vacation and later fail your drug test in an illegal state due to your vacation is this fair? I'd say it's 100% fair.

I'm an employer and don't drug test but if I did and you came up positive even in a legal state i'd fire your fucking ass. Pot's not federally legal so I don't care where you used it. I gave you a drug test and you failed it, see ya later.

Not that my suggestion means shit, but maybe instead of hiding fake urine under your tits like some kind of fucking nut job addict you just stop getting high until you land a good job! Sounds a lot more practical- if you're looking for employment, stay clean!
 
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Federal Drug Free Workplace Act. A federal law that businesses are required to follow. Since marijuana is Federally illegal all the time for any reason, your fired for using it. Only when it is no longer a federal crime could you argue. Even then, any business can still fire/not hire you. Many do that with tobacco use. They test for tobacco and it is a policy for their workers to be 100% smoke free. No violation of state or federal laws...but you won't work there.
 
Not if the release she signed ok'd the dissemination of info. Most pre-employment apps also have a hold harmless paragraph to protect them.

Also this, CA for example:

"California employers must protect the confidentiality of any medical information they receive. (CMIA, Cal. Civ. Code §§ 56.20-56.245) This contrasts with the federal HIPAA regulations. HIPAA considers protected health information (PHI) used for employment purposes as part of an employment record rather than a medical record and therefore not entitled to privacy protection. (45 CFR § 160.103; 45 CFR § 164.512(b)(1)(v)) “PHI” is the equivalent of “medical information” in California law.

As with pre-employment medical exams, it is unclear whether this protection extends to a job applicant's drug tests. If a prospective employer requests a drug test after making an offer and withdraw's the offer as a result of the test, you should ask to have documentation of the test results returned to you."
From my understanding of the hippa law is it does not protect you from a schedual 1 offence.
 
Yeah I'm totally confused now reading this thread.
I thought you were asking if they could pass your failing drug test information to other businesses. That would be totally illegal if they did.

I'm reading this though and am totally confused- are you thinking of sueing them for not giving you the job when you failed their drug test?! Are you kidding? You're not serious, @schuylaar are you? You failed, you go find another job, there's no recourse for this. They'd throw your case out.

Edit- ok I just re-read it- I guess you're asking if you get high in a legal state while on vacation and later fail your drug test in an illegal state due to your vacation is this fair? I'd say it's 100% fair.

I'm an employer and don't drug test but if I did and you came up positive even in a legal state i'd fire your fucking ass. Pot's not federally legal so I don't care where you used it. I gave you a drug test and you failed it, see ya later.

Not that my suggestion means shit, but maybe instead of hiding fake urine under your tits like some kind of fucking nut job addict you just stop getting high until you land a good job! Sounds a lot more practical- if you're looking for employment, stay clean!

so then you don't smoke satan's salad?
 
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