Have Legal Questions? Ask a Lawyer Now.
Urine screens have several faults that may be exploited and blood tests are much more accurate. I work in the criminal field and we do blood screens frequently to either clarify an inconclusive urine screen or to verify its authenticity.
Obviously this is concerning, however the request for blood test confirmation may be based upon what HR believes is a credible report. Also, the urine screen may have been somewhat inconclusive and they wish to back it up with blood. It is hard to say. Obviously you may refuse the test but unless you have specific contractual or union rights to the contrary, you could lose your job.
If you are confident in the results then I see no problem submitting to the test. It will demonstrate you have nothing to hide and any future "reports" may be taken less seriously.
Please reply if I can help further.
The test was negative, I guess I'm concerned with my rights and whether I will be elligible for unemployment after refusing the second test since the second test with the only sample was conclusively negative.
If you refuse a drug screen by an employer who suspects drug use, you could be terminated. Though you have passed a urine screen, a further test may be justified by the report they received. Regardless, an employer may drug screen you at basically any point. If you are terminated for failing to take a requested drug screen, you could be denied unemployment benefits. This is based upon a 1988 Nevada Supreme Court decision, Fremont Hotel and Casino v. Esposito.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).