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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 110490
Experience:  20+ Years of Employment Law Experience
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I had to take a drug screen through DISA Global for a job.

Customer Question

I had to take a drug screen through DISA Global for a job. The field test or test where they tilt the cup over and used the cap to test the speciment tested negative. It was a 10 panel test. When the speciment was sent to the lab they said it tested positive for cocaine. I was immediately terminated from my contract and now can't return to work for ANY company that goes through DISA which is pretty much 100% of the companies that provide services for what I do. Dont I get a chance to retest??? How can the test be negative, then positive?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: I was in Delaware when I took the test, but I work for a contract group for TEAM Industrial which is based out of Houston, TX.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: At will.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.
Submitted: 14 days ago.
Category: Employment Law
Customer: replied 14 days ago.
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Expert:  Law Educator, Esq. replied 14 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.
The field test is a quick test and it depends on levels of the cocaine metabolite (which is what it tests for) in the system. Field tests are known for not being overly accurate, which is why they are sent to the lab for proper analysis. You have a right to challenge the test by seeking another test on the same sample with an independent lab and if they no longer have the specimen, you can seek to get your own hair follicle test done, because the hair follicle test is the more accurate test and goes back a longer time period.
Once you get the confirmatory test, if they refuse to change their determination, you would be able to use those results to sue the company for the invalid test and seek a court order to invalidate the results and seek compensation for their invalid results if they were false.

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