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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12928
Experience:  Significant experience in all areas of employment law.
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I had taken prescription phenteramine took a drug test in

Customer Question

I had taken prescription phenteramine took a drug test in which they do not ask if you are taking anything first. They wait until it comes back positive then the doctor asks. A few days later came up as amphetamines, i was fired immediatley. Ask to have the 2nd sample tested, it magically was broken so I had to go in to take another one in which the lady actually had to watch it coming out of me. This one came back positive for methamphetamine and amphetamine. I spoke to my doctor about this. He asked me if I take over the counter meds as well. I said yes and told him the ones I take regularly. He provided me with a note to give to my employer. I have never heard a response. Have found out the safety man that fired me has been demoted due to him not fulfilling his other duties. Do i have a case?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 2 years ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

What did the note that your doctor provided say? Did it say that the medications you were taking could have created the false positives for methamphetamine and amphetamine? Did you ever let your employer know that you were taking a prescription drug for a medical condition?

I very much look forward to helping you on this matter.

Customer: replied 2 years ago.
I had only taken the one pill. I had no idea it would show up like that. It was for diet. So no I did not. The doctors letter said i was taking meds that could show up as those 2 things in a drug screen.
Expert:  Patrick, Esq. replied 2 years ago.

Thank you.

Unfortunately, it generally is not against the law to terminate an employee for a false positive drug test, even if the false positive can be explained by the employee's physician. This would ONLY be illegal if the false positive was caused by a drug the employee was taking for a medical disability. Then, the Americans With Disabilities Act would require the employer to "reasonably accommodate" the employee, possibly by overlooking the false positive as a byproduct of treating the employee's medical disability. Even this is not an iron clad argument, though, because if there is evidence to suggest the false positive was perhaps a legitimate positive, a disabled employee can be terminated for that result just like anyone else based on suspicion of illegal drug use.

Here, though, the analysis does not need to progress that far because you indicate that you were taking the pill that caused the false positive for weight loss. That would not generally be protected under the ADA and so, while unfair, an employer could terminate an employee due to a false positive which occurred for this reason. All you can do is attempt to reason with your employer and appeal your termination through HR. I wish there were better remedies, but I am of course limited to accurately and honestly explaining the law with respect to your situation. I hope you will appreciate my candor.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.