Q. We just terminated an employee for testing positive for PCP. Now the former employee wants a copy of our drug-testing policy. Do I have to provide it? — S.P., Texas
A. Generally, in the absence of a statute, you have no obligation to comply with a request to provide information to a former employee. Texas does not have a drug-testing statute, so you have no requirement to provide the policy under state law. If the drug testing was conducted pursuant to the Department of Transportation drug testing requirements, you are probably required to turn it over because the federal regulations require the policy be made available.
Former employees generally have no rights to company documents, including the company’s personnel records or files (not medical records) concerning the former employee. For that reason, requests from a former employee’s attorney, even if buttressed by a written authorization from the former employee, need not be honored.
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