I recently took a random urinalysis for my company and the results came back positive for THC. I am not a drug user, and am wondering how this could be so. I was called this morning by my now ex-boss and told that I could not drive until they did a retest. Fifteen minutes later he called me back and told me I that I was terminated. It is my understanding that by law I can have my sample retested. Is there any truth to this and do I have any options? Also when I asked my employer about a retest, I was told that he'd cross that bridge when he got to it, meanwhile I've been fired before the retest, is this legal?
positive drug test results
Discussion in 'Trucker Legal Advice' started by fredman1492, Dec 19, 2007.
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Were you around friends who were smoking a joint/weed? Especially in a vehicle or room in a house? If so, it can easily get into your blood because you're breathing in the same air, which has traces of THC in it.
I don't know if you can demand a retest but, if there's a way to get a QUANTITY out of a test, I'd call a lawyer and see if he can get this fixed (if this is, indeed, what happened). This will go on your DAC record and prevent you from getting a job for a long time. Get it fixed if you didn't actually imbibe in an illegal substance yourself!! -
Definately a potential problem. As a volunteer paramedic, I had to go into a house for a call one time that reeked very strongly of pot. A check on the levels and it was possible that I could have tested positive for usuage. I gradually stopped being available for the ambulance crew after this exposure. -
Yep. In many states an employer can fire you for no reason whatsoever. Check your state's employment laws. -
Now that is fact....as I was told that anyone could be fired and there doesn't have to be a reason or they can say "we no longer require your services!" This really is bad and I feel for you, but the only way you can know for sure is to obtain an attorney...Good Luck.. -
False positives for THC and other drugs are common.Many prescription drugs and over the counter drugs can cause a false positive result.Make sure in the future that the doctors office that takes your urine speciman sends it to a state certified lab for testing.Also upon giving a speciman,do tell the doctor what meds you have been taking.Think real hard.Vitamins,herbal supplements,pain relievers,everything.Maybe you forgot that you had been taking one these and failed to tell the doctor.The result?A false positive.My advice?Go back to the office where the speciman was taken and explain the problem.Call the lab and request the testing results and how it was broken down and how they arrived at their results.If you can't resolve these issues with the lab or doctor,go to your states website for health and regulation.Contact them and explain the situation.As far as being fired,that seems a little extreme.I know some companies will fire you on the spot,but I have worked for companies that gave the driver time to correct the problem.They would take the driver off the road until the problem was resolved,then reinstate when it was.If all this fails seek legal advice.It's your reputation and record.A small price to pay for legal advice.
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You do have some legal issues here, one your urine is split into 2 different bottles before testing, if it is tested positive the other bottle upon your request and you have 48 hours must be sent to a different lab to be tested and reviewed by another medical doctor. If this didn't happen then you were scammed, unfortunately this happens alot more than it should in the industry...meaning they wanted rid of you and this is how they did it.
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