Can your employer report a failed drug test to the police?

When safety is a concern in any job, many employers opt to test workers for drug use. According to Indeed, a routine drug test can come from a sample of your saliva, urine or even hair. Your drug screens may be random or occur after an accident or some other event, of course. If you use drugs, an employment-related drug test might make you feel uneasy. After all, failing a drug test is likely to result in the termination of your employment. Can your employer report a failed drug test to the police, though?

Your employer's drug testing policy

Even though the Lone Star State has few laws that govern private drug testing, your employer must follow certain protocols to avoid discriminating against you. For example, your employer cannot target you for a drug screening because of your race or ethnicity. Your employer also should relay testing information to you and keep your results confidential.

Your employer's chances of reporting you

Losing your job because of a failed drug test certainly is bad enough. Luckily, your employer probably cannot make matters worse by reporting your failed drug test to members of law enforcement. If your employer is subject to a court order because you are on probation, though, your failed drug test may end up on an officer's desk. If you are facing drug charges because your employer improperly handed your failed test over to the police, you might have an effective strategy for defending yourself. Ultimately, though, you must explore both the law and the facts as early in your criminal case as you can.