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59 yr. old Retired Marine laid off due to drug test. Notified

all parties in advance of...
59 yr. old Retired Marine laid off due to drug test. Notified all parties in advance of recent injury and susequent prescription drugs. Vicodin flexoril and amoxicillin, employer had no issue with this as long as I had prescriptions. However test came back positive for pcp and methadone. Shocked, have had to pay out of pocket for new test to get redemption but in long run will end up costing me several thousand due to lack of diligence on part of testing center. Can I sue am also going to pay for hair folicle test so they can't claim time lapse. Would this be a good case for small claims court due to loss of income.
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Answered in 1 hour by:
3/28/2013
JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20,233
Experience: Assisting employees and employers for over 14 years.
Verified
Welcome and thank you for your question!

I am sorry to learn of the facts you've described. So that I better understand it, is it your theory that the testing center mixed your sample with someone else's and, thus, reported the wrong results about your test?
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Customer reply replied 4 years ago

Thanks for the response. It is my belief that the bare minimal litmis test was done and upon further investigation I have come to learn that these are not specific that one drug can flash as a whole series of varied items. If PCP or Methadone fit into a category then a more decisive and specific test should have been done to ensure the validity prioir to raising the red flag. I am waiting on the subsequent test, that I paid for, to prove no illegal drugs once prescriptions are discounted. The inital test showed prescriptions and PCP and Methadone. My employer didn't believe it but due to company policy had no choice but to lay me off. The company has no problem with prescriptions. I KNOW this was a false positive, once its proven I want recompence for time lost time and personal out of pocket expenditures. I believe the testing site did not perform due diligence.

Did you sign any papers with the testing center? If so, did the testing center breach any of its listed terms of the written agreement?
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Customer reply replied 4 years ago

It was a on job site, first day group test. We all signed a standard form, which I honestly did not read as I have never had this problem before. I know its stupid, but we get tested so often its just robotic. However on every other test I've taken military included the sample is always placed in a sealed container and you always inital the seal. She did not do that for any of us. I really don't want cry mix up I just don,t think their test is comprehensive enough. Thats why I had the subsequent test to a regular lab that I have yet to recieve the results from. The job super said though as soon as it comes back clean I'll be reinstated.

Thank you for the follow-up. If they conducted the test in a faulty manner, then there could be a claim for "negligence". That means, they had a duty to perform their task in a certain way, they breached their duty, as a result of their breach of duty, you were injured and suffered damages.

Any time a person sues for negligence, they have the burden to prove each of those elements.

And, yes, one can sue for negligence in small claims court.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.

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Customer reply replied 4 years ago

Thank You. I will of couse attempt to strengthen my position
with statements from others and more evidence to support my claims, but you gave me a good starting point! Should I need more advice I would surely contact you again. Have a great day!


 

You are most welcome. Please do not forget to click on excellent service feedback so that we are credited for assisting you.

~~ J.B.
JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20,233
Experience: Assisting employees and employers for over 14 years.
Verified
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JB Umphrey
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Experience: Assisting employees and employers for over 14 years.

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