Q: Can I sue my past employment due to false drug screen report and false 2nd drug test on my background check?
I had gone through the process of a new employment screening with a background check, when I recived my background copy I noticed that my supervisor from my past employment had added that I had failed a 2nd drug test with a date that never existed nor did I ever have 2nd failed drug test. I was terminated with a failed drug screen due to cbd supplements which were taken for my health. However that date was not listed on my background check. I have the test results from the clinic of all the test I had taken which all were stated negative. The new company I had applied to was aware of my situation and I complied with the regulations and was clear of the protocol. Yet the new company once reciving my background check retracted my application of being hired.
A:
If you can prove that your prior supervisor provided knowingly false information to your new prospective employer with an intent to injure you, and that you suffered injury as a result, you would have the right to sue that supervisor, and maybe the prior employer. More would need to be known to determine for sure.
A communication from a former employer to a prospective new employer when a reference is sought by the prospective employer is generally privileged, meaning no liability can be stated for even false statements made by the former employer. However, if you can prove the false communication was made with malice, the qualified immunity goes away.
Good luck to you.
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