NO PROOF FAILED RANDOM DRUG TEST

This is a discussion on NO PROOF FAILED RANDOM DRUG TEST within the Hiring, Firing, Wrongful Termination forum, part of the LABOR & EMPLOYMENT LAW category; IDAHO I was given a random UA at work. I worked at this company for 4 years therefore I knew ...

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Old Aug 5th, 2012, 05:41 AM   #1
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Confused NO PROOF FAILED RANDOM DRUG TEST

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I was given a random UA at work. I worked at this company for 4 years therefore I knew the 0 tolerence on drug use. I sat in the nurses office for over an hour for me to be able to give a sample. I gave 2 samples both were inconclusive for amphetamines. I signed the sealed container for it to be sent to lab. I was sent home pending lab results 5 days later after calling my work to see if there were results yet I received a call from the MRO saying I tested positive. I told him that was absolutely impossible I haven't taken any drugs over the counter or illegal. He told me for $200 I could have my urine retested but they wouldn't do it. Needless to say by the end of that day I was terminated. I received a letter from the lab and all it says is Positive. There is no guidelines as to testing limits or what my percentage is. I contacted the MRO and told him I wanted all copies of the initial test and retest results. The only thing I received from him is the same letter only with it stating it was confirmed by GC/MS. Yet again no proof they also sent me a copy of the chain of custody form signed by our nurse but not the lab. Due to theis one word - POSITIVE- I have lost everything. Benefits, $16 an hour, 401K, now my rent is behind. .. Research also shows people with Kidney disease can give false positives for amphetamines. I was diagnosed last year, released from the hospital the month prior to my test for blockage and infection. Shoud I seek out a lawyer? It doesn't seem like they can just say I was positive.
PLEASE HELP!
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Old Aug 5th, 2012, 06:25 AM   #2
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Default Re: NO PROOF FAILED RANDOM DRUG TEST

I wish to inform you that you can seek compensation from laboratory. In this regard you can first send a demand notice and if compensation is not paid then a lawsuit can be filed. In court you ill have the burden to show that test result were faulty. You can show your other medical records along with incomplete details on the test result in order to prove that test result were incorrect.

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Old Aug 5th, 2012, 03:41 PM   #3
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Default Re: NO PROOF FAILED RANDOM DRUG TEST

Why did you not pay for the retest? Or get tested at a different lab right away. Also you should have provided proof from your nephrologist.

At this point you'd have no action against your employer, they simply followed their own protocol. You might have had an action against the lab if you redid the test elsewhere and it came up negative.

You should certainly seek the advice of an attorney but I believe your inaction may have done you in.
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