false positive drug test what can I do

I’m by no means an expert, if it’s that serious career wise, have a lawyer deal with it. It will cost some cash but eliminate any problems hopefully. Best of luck

 

I won't bullsh**** you so listen carefully.

Get a lawyer who deals with bad drug testing, and I will tell you why.

So if you tested on the 4th, which is a Thursday, that sample should have been in the lab's hands no later than the 5th.

No ifs, ands, or buts.

This was not a holiday weekend; it was not where they could not get the sample to the lab because of weather conditions, but they screwed up the chain of custody and made the sample NO GOOD!

The FMCSA, US Dot has a requirement to send that sample out within 24 hours, and being on a Thursday, it would have reached the lab by the afternoon of the fifth or within a reasonable time to get it into the testing groups for the night of the 5th.

Have them send that to you in writting, the times it arrived and so on. Always get names and titles.

Nope, the sample is questionable at this point and you need a lawyer to tell them that the test is no good, and also that the chain of custody was effective by the delays in getting it to the lab.

That's what it sounds like.

You may have to sue the collection site if you prove that they delayed the sample for any reason, they need to justify the delay and correct the mistake by telling the lab it is not a valid sample.

 

This is too serious a topic, and the consequences of not doing it RIGHT NOW are dire. Spend the money on a lawyer that wins drug test cases. WHATEVER it costs, it will likely be cheaper than trying some do-it-yourself approach. React like this is a life or death issue. Later on stumbling across an answer may come too late to help you. Good luck.

 

From the 4th test day…to the 17th results day it’s safe to say the sample went 13 days just sitting and who knows what environment it was left in. That said, the sample could have broken down..via bacteria etc.

I would absolutely go after them with a Lawyer and submit a data-Q with fmcsa. These tests need to be done within a couple days and you need to call the lab out on exactly what happened with your sample.

The sample when there’s a positive test result has to be frozen and kept by the lab for one year..just a fwiw.

Find that they ignored protocol and I would think you would be able to get your test results rejected.

Good luck.

I’ve had a sample lost by the lab and waited two weeks for them to finally send me for another. Didn’t have the headache you’re dealing with but just goes to show how inept these labs can be.

 

If you’re working with OOIDA and they are handling the Data-Q then I probably wouldn’t do another report..may just confuse the situation.

Just curious..are you an owner operator? I ask because you have OOIDA membership?

Your company needs to request the second test and pay however they can charge you for it..depending on company policy.