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JD
JD, Lawyer
Category: Legal
Satisfied Customers: 1335
Experience:  Over 11 years in practice as a litigator ... civil and criminal
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Hi there, I recently volunteered to take a uranalysis after

Resolved Question:

Hi there, I recently volunteered to take a uranalysis after being accused of using illegal drugs. They claimed there was a rumor which gave them probable cause. I passed my urine test and now they want a blood test. I've never heard of them asking anyone for a blood test before, especially for something like this. Any suggestions?
Submitted: 4 years ago.
Category: Legal
Expert:  JD replied 4 years ago.
Who is asking you to do this? An employer?
Customer: replied 4 years ago.
Their HR Manager, he wants to "confirm" the urine analysis. I've never heard of someone taking a urine analyis and a blood test especially after passing the first test. On the phone, he said he needed the confirmation because I work for a large private company and directly for the owners of the company.
Expert:  JD replied 4 years ago.

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.

 

________________________

Customer: replied 4 years ago.

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.

Expert:  JD replied 4 years ago.

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.

 

Please reply if I can help further.

 

________________________

JD, Lawyer
Category: Legal
Satisfied Customers: 1335
Experience: Over 11 years in practice as a litigator ... civil and criminal
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