FALSE-POSITIVE DRUG SCREEN/LOST JOB

[AMANDALYN5568]

OHIO

I AM DEVASTATED!!! I WAS TERMINATED WITHIN 2 WKS.OF EMPLOYMENT DUE TO A FALSE-POSITIVE DRUG SCREENING. I HAVE NEVER TAKEN ANY DRUGS OTHER THAN THE PRESCRIBED MEDICATIONS FROM MY DOCTOR.

I WAS TOLD THEIR ARE NO RE-TAKES (THEIR POLICY). A FEW DAYS AGO I WENT AND HAD A DRUG SCREENING ON MY OWN FOR PHENA-BARITROL WHICH THEY SAID WAS THE DRUG THAT CAME UP IN THE TEST. I AM WAITING ON THE RESULTS FROM THE LAB. STILL THE COMPANY SAID IT DOESN'T MATTER IF I'M RETESTED BY ANOTHER LAB.

I AND MY DOCTOR FAXED ALL THE PRESCRIPTIONS THAT I TAKE TO MY EMPLOYER AT H.R. I JUST DON'T UNDERSTAND THIS AT ALL AND HOW MY EMPLOYER CAN GET AWAY WITH THIS?

PLEASE TELL ME WHAT RECOURSE I CAN TAKE ON THIS. SURELY, THERE ARE OTHERS THAT THIS HAS HAPPENED TO AND ESPECIALLY WITH MY EMPLOYER.

I GLADLY WILL ACCEPT ANY ADVICE YOU CAN GIVE ME. DO I HAVE A LEG TO STAND ON? I NEED TO GET MY JOB BACK AND I AM WILLING TO DO WHATEVER IT TAKES AT THIS POINT.
THANK YOU FOR YOUR TIME.........

[cancungirl]

do you know if you eat a poppyseed begal it will show up like you did drugs?

[Bricks41]

What type of test did they run? To detect the drug you mentioned it would have had to be a more detailed test than most employers would run. It is in the class of Barbituiate drugs. You are not taking any medication relating to seziures? There would have had to be something in your system to trigger the positive result unless the lab accidently contaminated the sample. If it were a medically perscribed drug by your doctor all you would have to do is provide the perscription and they waive resullts. I think its odd that they can quote you what type of drug was in the sample.

Thank you, Bricks41. I really appreciate your response!

I do not know what type of test they ran. I believe I should have gotten a copy of the results but haven't. In fact, I have not gotten any written documents from the Medical Director over Employee Health or from Human Resources, only a verbal termination over the phone! Shouldn't I get something? It seems like a charge like this should be documented. What are your thoughts on this?

To answer your other questions, no, I don't suffer seizures or headaches; no, I don't have a prescription for this drug; and I agree that it is odd they can specify the drug was "Phenobarbital". I was prescribed Zoloft and Ambien to counteract the effects of menopause which I have been on for sometime.

Ten months ago, I was in training for a flight attendant and they were very thorough with their testing, blood and urine, nothing showed up at all. I was still taking the same medications prescribed by my doctor as I am today.

I suspect my employer used the GC/MS testing method, but don't know for sure. The test I ordered and took to refute their results does use GC/MS.

I also suspect contamination, but since my employer has a "policy" against re-testing, how can I prove it? I want to fight this. I don't want this to happen to me or anyone else.

Can you give me some direction on this since you seem to have experience in this field?

Thank you for your time on this matter.

Amandalyn5568

[AMANDALYN5568]

Originally Posted by cancungirl do you know if you eat a poppyseed begal it will show up like you did drugs?

Cancungirl,

Thank you for your response. Eating poppyseeds will show up as a false-positive but for opiates not barbiturates.

Thank you for your time.

Amandalyn5568

[Bricks41]

GC/MS test are taken to a very low tolerance level. They should be willing to provide documentation. Did you ever receive a call from the Medical Review Officer (MRO)? If they are following a BWC approved DFWP Policy they would have to have a doctor follow up with a patient before reporting a positive result to an employer.

[AMANDALYN5568]

This is what I have done so far. Can anyone else give me advice or examples of winning a case like mine?

Actions taken to date:

1. Obtained an order for a re-test from a doctor, 10-31-08;

2. Took test specifically for drug in question, (Phenobarbital), at a certified, widely known lab in Columbus, Ohio, 10-31-08;

3. Test results are due to be faxed to the ordering doctor on 11-10-08;

4. Researched list of substances known to cause false-positives for barbiturates;

5. Contacted Company’s Human Resources Department and requested:

• The Supervisor’s name over the physician who notified me of my termination;
• A copy of my specific test results;
• A written termination citing cause;
• A copy of the Company’s policy against re-testing

6. Requested and obtained a letter from my physician of 12 years describing my drug administration history.

7. Spoke with the Ohio Department of Commerce, (the Ohio version of DOL), who said they do not have a policy regarding employee testing rights. (Can anyone confirm this?)

8. Will contact Human Resources again Monday, November 10, 2008, to ask for a supervisor over my HR contact, (if I have not received a response to my requests by then).

9. Will provide the Company with a copy of the new test results upon receipt and ask for re-instatement.


Thank you for any information you can give me.

Let me clear something up , you keep using the term false positive.......there is no such thing any more. The new machine correctly identifies substances found in the sample. They can isolate each chemical and have it correctly identified with the new techniques. If they said it was in your sample then thats what it is and this has already been held up in a court of law.

Originally Posted by Unregistered Let me clear something up , you keep using the term false positive.......there is no such thing any more. The new machine correctly identifies substances found in the sample. They can isolate each chemical and have it correctly identified with the new techniques. If they said it was in your sample then thats what it is and this has already been held up in a court of law.

Yes. Tests are never wrong. Particularly the cheap tests your employer pays a lackey consultant to run. Because the chemistry is infallible, and has no detection threshold. (Here's a hint for those that haven't studied detection problems or chemistry: not possible).

Seriously, even if the chemical testing method was infallible, it can still be a false positive in terms of detection if the chemical being tested is found but does not originate from a prohibited substance. Consider a red-light camera that sends tickets to people making legal right turns -- they did go through a red light, but the detection is still a false positive in terms of the ticket being issued.

I work in a lab and the number one mistake is misidentification, someone may have mixed up your urine with someone elses and put a label on it that had your name.. it happens all the time! There should be a chain of custody that stays with the sample at all times that shows who handled it, if not then it is not a legal result.