How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 111480
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
10285032
Type Your Business Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Okay this is what happened. Had a post accident drug screen.

Customer Question

Okay this is what happened. Had a post accident drug screen. This happened on Federally Recognized Tribal Land. I followed the procedure exactly I called the security department first. I then called my supervisor. I know there was going to be a UA. I didn't think twice about it, security are the collectors of such samples. I'm terminated 8 business days later. I have appealed I am having the sample retested. I'm still have not used drugs for about a year before I started there over 11 years ago. There are 2 different branches of employment Tribal Government, and Enterprises. It's done this way to separate between there public, and private affairs. I worked for the Tribal Government. In my mind there is obviously a lab error or contamination in the sample container, so my appeal. That I paid $150.00 for out of my own pocket will probably come back the same right? I have called the review board and it was Amphetamines methamphetamins I tested positive for. Blew my mind out, I couldn't and still can't just let this happen. They told me I could not resample. The only option was to retest sample already submitted. That's the only option that's the only step I can take to clear this up it's more than my job my wife didn't believe me it personal. Also my direct supervisor after talking to HR was honest and said I'm perfect. Seriously though attendance, work ethic, and he requested a Another test as well because his mind was blown too. It's Tribal so do I have a right to any laws I mean there was a week before I got my final vacation pay out. I have not gotten any HR constinlhbignores my requests for a copy Of P&P's, there was a ton of procedure errors that the security obviously had made with the collection, the drug policy was never clear it's been over there years since an HR rep has spoken to anyone on the Tribal side. HR won't grant me copies of test results and dates. I know there's no record of security trying to collect samples. The chin of custody was illegiable. After speaking with the overviews lab person that answered he phone she said my sample arrived at the screen lab on the day of the accident which was the 20th but in San Diego took sample at 4:30 it went all the way to Chatsworth CA past LA that day? The lab I wanted my resample is here in San Diego it's on there list? And why did the place to do the overview have to be on he opposite sid e of the country in New York?
Submitted: 24 days ago.
Category: Business Law
Customer: replied 24 days ago.
All the talking with HR has led to a little run around all I want right now is. To not have my CDD benefits denied. I think There was nothing I did wrong. Yeah they don't care about that posits drug test it affected more Han my job though I just want it to be known there is something wrong there. I talked with the review officer again a couple days later after thinking it's odd that an anxiety medication that I use every knight with a valid prescription did not show up at all on the screen but that crap did. I have three kids that are always passing around colds. I also have asthma and, I had fever and sore throat for going on day three at that time pretty sure it was strep. Well between Monday and incident on Thursday I had at that point takwn Claritin D, Vicks throat spray, vapor rub, Advil cold and flu, Alkaseltezer, Emergen C. For my daily Perescriptions (I have taking these antidepressants since I was in high school) take Paxil Ativan, some blood pressure med. I'm always taking either using heartburn meds, Pepcid, Zantac, peptbismol. I have also found that alkaline water is very agreeable with my stomach.
Customer: replied 24 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Legal Discussion by Email. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 19 days ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to pay to do a confirming hair follicle test and you need to use that to challenge their results as tainted. You also need to go to the doctor and have them see all of the medications you were taking to determine if anything would cause a false positive. However, you are going to need expert testimony in the tribal court, because that is where any appeal and any lawsuit would have to be filed. So. start by getting a hair follicle test and then you need a local attorney there who handles tribal law to file your suit in tribal court.

Related Business Law Questions