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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 112681
Experience:  20+ Years of Employment Law Experience
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I failed a pre employment drug test for thc. I don't know

Customer Question

I failed a pre employment drug test for thc. I don't know the level found but I had not interested for a little while so I don't think it was a high reading b They sent me the appeal letter. Do you think you could help? I have only 30 days. The job was with NYC sanitation.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Nys
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: Not sure
Submitted: 5 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 5 months 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.
Unfortunately, the reading being high or low is not why they are sending you an appeal letter, they are sending you an appeal letter for you to challenge the test result as being not valid. If you cannot prove the result is invalid, then you really have no appeal. The level of substance in your blood is not the determiner of them sending you the appeal letter, any drugs is sufficient to deny you employment.
So if you want to appeal, you need to prove the drug test was wrong and the only way to do that is with a hair follicle test which would show drug use back 8-12 months to try to prove their test was invalid or wrong.

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