HR filed "failed drug test" with State of Ne. when I did not fail it.

4 posts in this topic

I was hired to work at a state of Ne. facility, upon hiring I did a drug test, results were unconclusive, too diuluted. So I was asked to do another one at my own expense, I gladly did so, but asked to schedule at earlier in morning. Second test was scheduled 15 earlier than the first. Same results, therefore the HR called me and stated the job offer was withdrawn because I failed the drug test. I immeditely requested a blood draw. He hastily stated "like that's not gonna happen, I already offered the job to someone else." "And you cann't apply for any state jobs for 6 months, I am filing it in your records." I explained that losing the job was fine but I needed to dispute the drug fail, and asked how do I go about doing that, he rudly said "You can't, I don't know what your problem is!"

I hung up and called my doctor for the last 15 years. He called the HR director even had a meeting with him and the facility director. He explained that it was not a fail and a blood draw needed to be done. They just stated it was policy. My doctor said I should not let this go, what they have done is wrong. Meaning filing a false drug fail. I don't want that on my record and from keeping getting employment in the future.

Is there anything legal I can do? Or is this acceptable even when I requested a blood draw?

Thank you for your time and consideration of response!

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If the drug test results were “inconclusive” then it appears that your state may consider that a “failed” test. That’s simply semantics, really. The bottom line is that the test results evidently weren’t satisfactory to the state and the state may refuse to hire on that basis. Nothing about that violates federal law. Whether there is any violation of state law is something you need to ask a Nebraska employment law attorney. So far as I know, no Nebraska attorneys participate here at this time.

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