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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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I had a problem staying awake on July 7, 2015. I work at

Customer Question

I had a problem staying awake on July 7, 2015. I work at Vantana Winds in the memory care unit. So I do understand there concern. I was called into the supervisors office at
about 3pm, we had a talk about what the problem was. They asked me to do a drug test,
which I did not have a problem with, since I do not do drugs. So I do the test and EVERY
BAD DRUG WAS POSITIVE. I do not know why, I told them all the medication I do take.
I WAS FIRED and I think it was unfair, they did not even suggest to do a second one.
How do I prove that I DO NOT DO DRUGS. I am a 71 year old female,
Submitted: 2 years ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 2 years ago.
Unfortunately, there is no definitive way to prove that you did not have drugs in your system at the time of the test. The best thing you can do at the moment to hopefully give yourself a fighting chance is to go in today to a drug testing facility that performs drug screens and have another test conducted. Tell them on the front end what prescriptions you take and provide them with the prescriptions. Once the test comes back negative, you can then present that to your now former employer. Since the elapsed time between your test for the employer and your test today should overlap enough to catch any of the same drugs, you give yourself a fighting chance at arguing that their test was wrong or illicitly a false positive. If they do not hire you back after this test comes back clean, then you have an argument that they are discriminating against you and you may want to then talk with the EEOC about filing a age based discrimination claim against the entity. Let me know if you have any other questions or comments. Please also rate my answer positively. Best wishes going forward!
Expert:  Delta-Lawyer replied 2 years ago.
Did you have any other questions or comments? I want to make sure you are as comfortable as possible moving forward. Thanks!