Marked as Refusal on drug test

That's a new one. I've never heard the "Had to so I couldn't pee" reason before...

 

it's probably unheard of to YOU, but it happens.

our reflexes sometimes act together for "bathroom duties"

go and do 1 thing, and before you know it, another thing wants to happen.

 

Once you enter that secure testing environment you can't leave even to go potty. Most times they have the bathrooms designed only for urine testing. Yes, the company had the legal right to fire you and no I doubt you will find much success attempting a lawsuit.

I am also seeing you just joined today and a drug testing question was your first. Most of the older members here generally are not going to believe you. So what you are going to have to do is find a SAP and go through the return to duty program.

Good luck!

 

I was in a similar situation myself. As it turned out, even though I was terminated from my job for a refusal, no violation was reported to the Clearinghouse.

I phoned a well-known SAP counselor in my area and was told that since there was no violation, there was no need to go through a return to duty process.

 

I had it happen before - went to the bathroom upon return from shift - THEN sent to pee test, took a lot of water and waiting to produce what they required.

 

I don't know the legal framework for drug testing but if for some reason you cannot provide a urine sample do you have the option to ask for a hair follicle test. Just thinking this might be another option, even if you had to pay the added cost to do just to avoid the issue you ran into.

 

Since your employer terminated you, you will have to find a SAP program on your own and pay for it yourself. At completion of the program, you apply for work and the tentative employer MAY pay for your return-to-work test.
And check the clearing house to see if it was reported.

Drug & Alcohol Clearinghouse (dot.gov)