Advice/questions about background checks

[learningforlife]

First, my friend thanks anyone who responds to this post by offering my friend advice, answering my friend's questions, or anyone who offers any other pertinent insight into this situation. He greatly appreciates the services this site provides, as he cannot afford to consult an attorney.

My friend's situation:

While still in school, my friend was referred to an unpaid externship position through his school (which he paid the school tuition, for the referral). The internship was in Illinois. He was interviewed by the company and filled out an employment application. Approximately a week later he was offered the position, on the condition that he pass a pre-employment drug test. His background check contained no criminal violations. He has never been terminated by an employer. If drug tests are included in background checks he passed them in the past. He is a good student. He went in and took the test, but unsure if he passed. After not being able to sleep for a week, worrying about the situation he created, and possibly tarnishing his identity permanently; he thoroughly learned his lesson and the nonworth of illicit substances.

His questions are (he appologizes for asking so many questions, but answers to any of the questions would be much appreciated):

Q1. Legally, can future employers in Illinois search for past failed drug tests in background checks, or may it be protected by HIPAA?

Q2. If yes, would it be legal for the internship provider to list his failing the drug test for this externship and for it to show up on an employment background check (he did fill out an employment application and had to provide personal identification information)?

Q3. If yes, and he failed it, would seeking the help of an substance abuse professional be included somewhere in the background check information to prove he sought rehabilitation?

Q4. If yes, what legally can his private insurance company do if he fails the test? revoke coverage, find out etc.?

Q5. If yes, legally how long do past drug tests results remain in one's background check information file (he heard 5 years)?

Q6. If yes, legally can and do graduate schools (non-medical) perform background checks which the drug test may come up on?

Q7. If yes, does this legally constitute being discharged and or terminated from a position?

Q8. Legally, can the externship provider tell his school officials about his failing the drug test (HIPAA?)?

Q9. Legally, are there any other steps he can take to mitigate this situation, including committing to abstinence (not against employer, but an expungement process?)?

Thank you again.

 

[seniorjudge]

Did you pass the pee test or not?

(And stop referring to yourself as "my friend"...that sounds weird.)

 

[learningforlife]

Fair enough on the 'my friend' thing. I have no idea if I passed and it was a hair test, but I don't think I did. I could pass a pee test no problem without cheating. In fact I thought it was going to be a pee test.

 

[IDprotector]

if you ask then did I pass it or not, then they might not take you on as an intern.

It's like the man in th bar who is trying to pick up a lady. She ask, how does your wife feel about you trying to pick up women in bars.

He asks how did you know that I was married?

She says, I didn't until NOW !!!


Or in the movie FEDS, the interrogator in a mock interrogation asks have you used drugs for recreational purposes ???

There's a LONG PREGNANT PAUSE.

He says TOO LATE, by not saying NO immediately, ANY explanation is out the window, or something like that.

If you have not messed up the deal by asking questions like you did here, there may be good news.

It is my understanding, and it would be best to talk to a lawyer who specializes in employment LAW in YOUR STATE and related to drug testing, that hair tests are only able to test for about the last SIX WEEKS. The sample or samples which they took from you should have been marked with a hair growth arrow so they only test for the last 6 weeks. Hair tests due to the time it takes to grow it can test way fair back, farther than they can unless they have your full permission.

Due to HIPAA and medical confidentiality rules, the person who gets the test results should not be able to give them to anyone else without a court order or release from you.
Talk to a lawyer, because I can't give you legal advice.

BTW do you mean internship, instead of externship.

Out of curiosity, how long before the test were the illicit drugs used?
Good luck.

 

[Scooterdog]

Fair enough on the 'my friend' thing. I have no idea if I passed and it was a hair test, but I don't think I did. I could pass a pee test no problem without cheating. In fact I thought it was going to be a pee test.

All drug test's are fake, phoney. Anyone who claims other wise is either, 1-a complete idiot, 2-involved in the scam, or 3-has been brainwashed(like government employee's)

If they go letting info out on a fake test, you have them! In Montana, they don't have random(violates the constitution) even on failure, they have two choices, 1-let you retest by someone you trust(company, hospital) within 30 days, or 2-if you request rehabilitation the employer MUST pay. They don't do much fake testing up here.

By the way, if it was weed you were worried about, there is NO TEST ON EARTH that detects THC in the body, it is impossable. I can prove that with science and simple knowledge of the human body.

 

[cbg]

Bottom line answer to poster's question:

The employer can release any information that is true, that they have a good faith and supportable reason to believe is true, or that represents their honest and supportable opinion.

Most employers are not subject to HIPAA.