My boss asked me what medications I was taking and accused me of being on drugs today amidst a myriad of other things that weren't true. I don't do drugs and told her I"d take a drug test! She forced me to tell her what prescriptions I am taking and then late in the conversation asked me to take a forced involuntary leave of absence! (unpaid) I am going through a rough divorce and have been very emotional (teary eyed) but not high on drugs! I admitted to her being prescribed an antidepressant recently and she kept insisting that I was taking others & that I tell her what else I may or may not be taking by a doctor's direction. Can she legally ask me? She pressured me into telling her what I did with intimidation & fear of losing my employment. I'm already emotional over losing my spouse and now my job!?! She didn't "directly" fire me only asked me to leave after I didn't answer any further. Washington state.
2007-03-02 20:41:22 · 9 answers · asked by Stupidity 2 in Politics & Government ➔ Law & Ethics
Only if your prescription drugs are causing problems at work. Even then it has to be done in a tactful manner.
2007-03-02 20:44:43 · answer #1 · answered by Modern Major General 7 · 0⤊ 0⤋
Personally I don't think that she had a right to ask you that. I think that if she suspects that you are using illeagle drugs then she has a right to ask for a drug test.
Call a lawyer and explain what transpired between your employer and you and ask what your rights are. She may have violated your rights by asking when she had no reason for doing so.
You can get a Free consultation with an attorney about this, if they feel that you have a case against her they will be more than happy to help you handle this.
I think what she did was wrong. What was her reason for needing to know? Personal information is just that personal. It is like when I put in for a medical retirement. My employer wanted my total medical file to be able to look at. I asked my employer what it was that they wanted to look at? Did they want to see my reasons for wanting a medical retirement? I told them that they had no right to my entire medical record as that is private, but they could see the records for the reason for my putting in for my retirement. Any thing else would have been an invasion of my privacy.
What reason does your employer have for knowing all the medications that you are on? I don't see any reason for her to have that knowlage. If you were taking a drug screen test even then she still wouldn't need to know as that is private information that she doesn't need to know. All she needs to know is if she wants you to take a drug test she has that right to ask that of you and nothing else. Any thing else is most likely an invasion of your privacy. And you probably would be able to sue her.
Consult an attorney, do not say anything to other people that your are working with about maybe going to an attorney. See if any one else was a witness to her asking you these questions and how she was treating you.
One more thought I use to work at a federal prison and we had an Officer that was taking psych. medication, she had a lot of emotional problems. Even the higher up's wouldn't touch that with a ten foot pole and try to do any thing to her since she was still doing her job. Don't let her or any one else short change you into thinking that your screwed because of the medication that you are having to take. Besides the medication was perscribed to her, as is true in your case as well it is perscribed.
Good luck with all this. God bless you, I wil pray for you that it all works out in your favor.
2007-03-02 21:05:55 · answer #2 · answered by Cindy 6 · 0⤊ 0⤋
It's time to get yourself a good attorney; she has no business asking you about your medications. Unless she's an M.D. (doubtful!), she probably doesn't know what drug causes what reaction, so her questions are intrusive, at best, and probably illegal. I'm not usually into the notion of suing someone for the least thing, but this sounds like it was stepping WAY over the line, and you need to prepare yourself for a fight. As it happens, I live in Washington state, also, and the laws here are very tough when it comes to employee rights.
2007-03-02 20:53:49 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Listen to sharkbite. He is 100 percent correct. Look up the HIPPA laws and you will see that your rights are being violated to an extreme degree. I am not a lawyer but I do think a lawsuit would definetely be warranted in this case. I'm very sorry you are being put through this.
Also, absolutely do NOT listen to Bryan because he is just a complete loser who enjoys talking straight out of his *** and doling out completely unfounded nonsense to everyone he answers as if it were doctrine, whilst quite ironically insulting them for being stupid and misinformed, because he is a bored, sad, miserable... little... boy.
2007-03-02 21:30:23 · answer #4 · answered by daisymax 4 · 1⤊ 0⤋
I Don’t think they can. It is a matter of privacy. Sounds like a matter of discrimination in this case. If you are doing your job and not bothering anybody etc., they have no business in the first place even suggesting this, especially if they did not give you a drug test. I would see a lawyer about this if I were you, especially if you have some proof.
2007-03-02 20:49:29 · answer #5 · answered by wageslave 2 · 0⤊ 0⤋
not a lawyer but i don't believe that she has any right to ask that of you. only if the job that you do can be seriously effected by any medication side affects, should go to a employment law site and ask the question.
2007-03-02 20:46:55 · answer #6 · answered by onlinedreamer 3 · 0⤊ 0⤋
No, they can't ask that question. It's private information that's between you and your doctor and protected through HIPPA. I'd go to your HR department or consult an attorney.
2007-03-02 20:53:17 · answer #7 · answered by sharkbite321 3 · 2⤊ 0⤋
Absolutely. Taking mood altering psychotropic medications such as anti-depressants can effect your performance and/or your safety and the safety of your co-workers. Also, if your emotional state is keeping you from performing your job, I'd be thankful that they only made you take a leave of absence.
2007-03-02 21:00:24 · answer #8 · answered by Bryan _ 3 · 0⤊ 1⤋
wow....you have a problem....but she may also have one...you need to consult an attorney that specializes in labor law...Make no mistake, she is going to fire you.....so document everything from your conversation with her....be very specific about what each of you said....use direct quotes...and document any of the issues that you have had at work due to the divorce...then go see that lawyer..do it fast. Good luck
2007-03-02 20:54:21 · answer #9 · answered by Anonymous · 1⤊ 0⤋
They can ask if they believe that the medication you are taking hinders you ability to work or causes problems for the company that will reflect them in a bad way on their cutomers.
2007-03-02 20:49:56 · answer #10 · answered by Lief Tanner 5 · 0⤊ 0⤋