Unemployment Hearing

klong

We are a national company who has employees terminated often for failing our hair sample drug test. We have not been submitting this medical information at unemployment hearings; however it is beginning to become costly, because without proof, we are losing these unemployment cases. This question also goes for persons terminated for lying on their application about criminal convictions. Is there a legal way to present this information at the unemployment hearing without compromising privacy?

Don D

Yes. You need not worry about testifying honestly or producing evidence at a UI hearing. You are just as free to produce evidence in that hearing as you are in a court of law. Privacy is out the window at a hearing. Check with your company attorney for further discussion on this subject. But, speaking to the hair sample drug test issue in general. I know several drug testing outfits and doctors who are critical of those who make decisions based on the hair sample, BECAUSE, the hair sample only produces evidence of PRIOR USE, not CURRENT USE.