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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
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Experience:  Employment Law Expert
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What is our recourse for a drug test coming back positive when

Customer Question

What is our recourse for a drug test coming back positive when we know there were no drugs involved?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :


Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.


JD 1992 :

I need you to be a little more specific in your question(s) if you could. When we answer general ones like "what is my recourse" we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

Customer:

How do I hire an attorney to fight my case...I want my name cleared, as I do not do drugs of any kind.

JD 1992 :

So the first test showed a negative and the second test showed a clear? If that is correct, how long after the first test was the second test done?

Customer:

The lab called and told us the first test was positive. we had forgotten about the allergy meds. They said there was no way that allergy meds would have caused a positive reading. We were floored! That test was done on 6/3/2013. We were on vacation the following week for our wedding on the 12th. They called on Monday 10th to tell us the test was positive. We went to a testing lab the following Monday when we returned. They did a 10 panel test and it came out negative. The young lady we talked to said that if he tested positive when they said he did, then he would have been positive in their test...

Customer:

but he didn't

JD 1992 :

It sounds like he did a UA test as opposed to a hair or blood test, is that correct? Also, was he fired or did he suffer any consequences as a result of the test?

Customer:

yes. ua and yes he was fired...

JD 1992 :

You would have a cause of action for a form of slander but the problem is going to be proving they were wrong. What did he allegedly test positive for? What drug?

Customer:

Meth...It could cause him to loose his CDL license

Customer:

He's been driving for 30 years and has never had a positive test

JD 1992 :

Before he can do anything else he is going to have to go and have a full hair follicle test done. The reason is that meth can clear out of the body and not show up in a drug screen in just a couple of days and therefore a drug screen on 6/3 could be positive and a drug screen on 6/10 could be negative and both could be correct. However, a hair follicle test is more accurate and can be done over a longer time period and the drug would not clear in a follicle.

JD 1992 :

Once he has that done and the negative test in hand then he can start looking for a lawyer who does civil trial law or civil litigation to sue the drug testing company for slander, negligence, etc.

Customer:

Thank you. He has applied for a state and a county job in Fayettville, Ar. They will be doing a hair test as well as a ua. Will that help us if we get a copy of that test result?

Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 27224
Experience: Employment Law Expert
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