2 replies to this topic

[babygurl75]

I had taken prescribed medication from er doctor for an ear ache in July, I had to take the drug test in August, due to my patient falling, i told my sup. and he told me that I couldn't return to work until I took the drug test so the next day Aug.14th I went to ***** and I took the drug test. I worked Sun.-Tues. then I was off the next two days, then on Friday when I returned to work I was informed that I could not clock in for my normal duties until I spoke to the human resources lady so I spoke with her, she told me that I had to speak with the drug test performing doctor, I said ok. I spoke to the doctor and he told me thhat the drug test was positive, I told him that I had taken prescribed medication for my ear ache I had in July, he asked me if I knew the name to the medication, and I told him no because they we're at home, then he told me that my drug test tested positive for cocaine, I have never done drugs in my life, then he told he could re-test the same urine test for $150.00 I told him I don't have that money, when we hung up, I called the human resources lady and she asked me what the doctor told me, I told her and she told me that as of that moment I had to clock out and leave.




[This post has been
edited to remove personal or identifying information. -Moderator]

[RetCopPrlgl]

That's about 7 months ago.  A little late to be asking questions about what you could do.  I'd have to guess this is not the first place you've come for some guidance.  I'd also have to guess that you've been told that an employer can terminate you for any reason whatsoever, without cause.

Are you seeking some means by which to move against the employer for wrongful termination ?  That probably won't fly.

Not being critical or disrespectful here, just wondering why you are posting this query 7 months after the fact.

I am not an attorney. My comments are made based on my training and experience as well as diligent research.  I am also not perfect, therefore, I will accept constructive criticism, if tendered with respect.

[DumplinHoneychild]

And? You haven't really asked a question or even stated what you would like to see happen.



That being said, generally an employer can fire an employee for any reason or no reason at all (except, of course, for protected categories such as age, race, gender, religion, etc.) If you tested positive for a prohibited substance on a drug screening, that is ample cause to terminate employment. Your contention is, I presume, that the prescription drugs caused a false positive for cocaine. That was about seven months ago. And since then, you've done what?




Here's the deal, at least as I see it. You tested positive cocaine. Your company probably had a policy covering drug testing. Did you read it? It may very well have had some appeal or retesting process in it. Did you follow it? Did you ever bring back your prescription and/or medical records indicating to demonstrate what the drug was? Seems to me that it would be fairly simple to determine if the prescribed drug might be mistaken for cocaine.




If the prescribed drug would not be mistaken for cocaine, I presume you would allege that the drug testing firm made a mistake, yes? Well, they're not likely to admit to a mistake, and probably the only way for you to prove they were mistaken would have been to retake the drug test. Yes, it would have cost you $150. Maybe you could have argued that the amount should have been refunded if a subsequent test came back clean just days later. Not sure how long cocaine indicates in the system. Regardless, months later, you're not likely to be able to prove the testing firm did anything wrong or was negligent with your sample. I can pretty much guarantee that the cost to prove negligence will be great than $150.