No MRO Called But Was Told I Failed A Drug Test

Ok, unless something has changed in recent years, I don't think they are required to notify you on a pre-employment drug test. Hopefully someone will know for sure, and let us know.

If it was a D.O.T. drug test then you should have been notified.

Did you receive any paperwork when you were tested? If you have it you could contact the test lab yourself and try to find out.

To be honest, it's a little late for you to be trying to resolve this now.

As you can see below what they did is very illegal and against the law because it falls under the FCRA. You have all the rights to take legal action against them . it also falls under the HYPAA law. For them to brake that confidentiality agreement that exist in drug testing makes them liable. it does not matter that your friend is the one that referred you, your confidentiality agreement was with them not her. Starting to think they were trying to give her an excuse as to why they did not hire you.AT THE END OF THE DAY THEY BROKE THE LAW.

There are laws in a number of states that require employers to notify applicants and employees when their drug test results come back positive (or even negative in a few states). Employers who fail to comply with these statutory requirements can be subject to various penalties, including fines ranging from $250 to $2,000. In Maryland, an employer who violates the statutory requirements is guilty of a misdemeanor, and upon conviction, is subject to a fine not exceeding $100 for the first offense and not exceeding $500 for each subsequent conviction.

Similarly, in North Carolina, an employer can face a civil penalty of up to $250 per affected examinee (with a maximum of $1,000 per investigation). In Vermont, a violation can result in a civil penalty between $500 and $2,000, as well as a criminal penalty for a person who knowingly violates the statute. Additionally, some states also permit applicants and employees to collect attorney’s fees, back pay and other punitive damages for the employer’s misconduct.

In addition, when an applicant’s drug test results are communicated to the employer by a consumer reporting agency (CRA), this reporting falls under the Fair Credit Reporting Act (FCRA) and is thus subject to the statute’s pre-adverse and adverse action requirements. The Federal Trade Commission specifically addressed this issue in Islinger, FTC Staff Op. Letter (June 9, 1998), when it distinguished between drug results reported directly to employers by labs (which the FTC states are not “consumer reports”) and drug results reported by intermediaries that are CRAs and regularly engage in assembling or evaluating information to furnish/sell to third parties.

Ok, unless something has changed in recent years, I don't think they are required to notify you on a pre-employment drug test. Hopefully someone will know for sure, and let us know.

If it was a D.O.T. drug test then you should have been notified.

Did you receive any paperwork when you were tested? If you have it you could contact the test lab yourself and try to find out.

To be honest, it's a little late for you to be trying to resolve this now.