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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 11779
Experience:  JD, MBA
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I take a prescription for leg pain (Vicodin) and my company

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I take a prescription for leg pain (Vicodin) and my company has started random drug testing. I only take 1 once in a while when needed and by the time the bottle is used up they will be WELL past the expiration date on the bottle. Is this a reason for concern? I have talked to H.R. and all I get is we don't know yet and we'll see. I do not want to throw them away as they are paid for. Any help will be appreciated,

Thank-You xxxxxxxx

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Hello, and thank you for allowing me the opportunity to assist you.
If you have a valid prescription for the Vicodin, then I would not worry at all. I would provide the prescription to HR. If you lost the prescription (or otherwise do not have it), then I would contact your doctor, explain the situation, and ask for a letter on the doctor's letterhead which indicates that the Vicodin was prescribed, and that you need to take it for your pain. Under those circumstances, your employer should not take adverse action against you.
If your employer were to take adverse action, then it's possible that you would have a claim against the employer under the American's with Disabilities Act, depending on the reason for the Vicodin prescription.
Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated.
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Customer: replied 3 years ago.

Thank you that is just about what I was thinking but, You know an expert opinion is what I wanted. So as long as I still have the bottle with my name on it the expiration date will not matter. Sure would hate to loose 15 yrs. on the job over a technicality with only 6 yrs. or so till I will retire. Thx again, Well worth the money

xxxxxxxx

Hi again.
Q: So as long as I still have the bottle with my name on it the expiration date will not matter.
A: No, that's not quite what I wrote. I wrote that if you have a valid prescription, then you should be fine. If the prescription has expired (note: I'm not talking about the expiration date of the Vicodin), then that could be an issue because you may not have a valid reason for taking the Vicodin.
For example, if you were prescribed Vicodin 3 years ago for a temporary condition which is no longer an issue, and you have Vicodin left over from that incident, then you may no longer have a valid reason for taking the Vicodin. If that is similar to your situation, then I would do one of two things: (1) stop taking Vicodin, or (2) go back to the doctor and ask for a new prescription (not that you would need to fill the prescription, but I'd want something in writing indicating that you have a valid reason for using the Vicodin).
Why is that important? Because your employer may think that you are abusing Vicodin if you have no valid prescription. For all your employer knows, you simply kept an old bottle from when you were prescribed Vicodin, and you buy new Vicodin pills illegally because of an addiction. Of course, I'm not saying that is the case here (I'm sure it's not), but my point is that merely having an old bottle with your name on it is not the same as having a valid prescription.
Does that help clarify? Please let me know if you need further clarification, as I am happy to continue assisting you.
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