Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

I took a pre-Employment drug screening test and I am on a

legal prescription from a Doctor...
I took a pre-Employment drug screening test and I am on a legal prescription from a Doctor for ADD. HR just called me to ask if I had taken the test because they have not received the results yet. I have not received a call from the MRO from the testing company in case my prescription tested positive. I am not sure what the lab testing company is doing and I am concerned . It was embarrassing when HR called because they know there is a delay in getting the results. Should I reach out to the MRO or Lab testing company. I have their names and contact info from the facility where I gave my urine sample. What rights do I have if the testing company fails to contact me and reports a positive result to my potoential employer.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full-time , union
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have not been denied yet but I am just concerned because HR is already calling and I have not heard anything from the lab testing company. This was a pre-Employment drug- screening that the job offer was contingent on. It took a year to get hired with the county and if the results are reported as positive falsely it will ruin not only my reputation but I really need this job.
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 3 minutes by:
10/11/2017
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,195
Experience: Significant experience in all areas of employment law.
Verified

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

Generally the drug testing company will ask if you're on any prescriptions when you go in to take the test. If you are and if you provide proof of the prescription, they will not even report a "positive" for that drug unless the concentration exceeds what you've been prescribed. I would definitely contact the testing company and let them know about the prescription, rather than wait for them to "discover" it on their own. This will save confusion and time. I would not be worried about this as even if your employer found out you tested positive for what you were prescribed, they cannot rescind the employment offer unless they can show that taking this drug impairs your ability to safely and effectively perform the job, which of course would not be the case with an ADD medication.

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.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Ask Your Own Employment Law Question
Customer reply replied 2 months ago
I have taken pre-Employment drug testing before with this prescription. When I asked about prescriptions at the testing site they said a MRO will contact you if necessary. Last time the MRO contacted me and verified my prescription and reported to my past employer that I had a negative test. I am concerned about contacting the MRO directly because I was not told to do so and to wait for him to contact me. Do you really recommend me contacting the MRO? I only mentioned that because I have his number.

Every drug testing company is different and has different policies with regard to this sort of thing. No laws govern the process. I fail to see any harm in preemptively contacting them. None whatsoever. If you are concerned about delays, this may help speed things up. Of course, I cannot tell you what to do, and if you are more comfortable continuing to wait then you are certainly free to do so. I would not worry too much about this issue because even if the drug is reported to your employer, you have a prescription for it and therefore cannot be subjected to adverse employment action.

Ask Your Own Employment Law Question

Was there anything else I can do for you?

Ask Your Own Employment Law Question
Customer reply replied 2 months ago
The company would report that the test was positive and HR would rescind my offer due to failing the drug test. HR does not deal with medications and prescriptions. That is why they have a seperate testing lab and chain of custody. I am hesitant to contact the MRO because it says that they will contact me. Not sure it it will have a negative impact if I reach out to the MRO.

That's not what would happen. What would happen is that you provide your employer with your prescription. Then they are prohibited from rescinding their offer unless they can prove that the prescription impairs your ability to safely and effectively do your job, which they wouldn't be able to prove. If they still rescinded your offer, you would have a lawsuit for violation of the ADA.

Ask Your Own Employment Law Question

Again, I see not possible negative impact by informing the testing company of your prescription. In fact, that would typically be the advised course of action. I cannot tell you what to do, though, all I can do is tell you what occurs in these situations based on my decade of experience handling them.

Ask Your Own Employment Law Question
Customer reply replied 2 months ago
Okay thank you. If you feel that it would do no harm to reach out to the MRO, them maybe I will do that. Do you feel there is no downside at all?

Either the information helps them, or the information is irrelevant to them because you didn't test positive, in which case it would not be passed along to your employer. There is no downside to informing of a legal prescription, only potential upside in the form of clarifying and expediting things.

Ask Your Own Employment Law Question
Customer reply replied 2 months ago
Okay thank you. I will reach out to them. Thank you and I appreciate your help

You are very welcome. Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Very best wishes.

Ask Your Own Employment Law Question

Are you still with me?

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,195
Experience: Significant experience in all areas of employment law.
Verified
Patrick, Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 13,195
13,195 Satisfied Customers
Experience: Significant experience in all areas of employment law.

Patrick, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,537 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,302 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,025 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,889 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I have a California employment law question. is there
I have a California employment law question. is there someone that can assist? … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,195 satisfied customers
Can an employer conduct a drug test to only a portion of
Can an employer conduct a drug test to only a portion of their staff if they do not provide a safety risk without or provide prior notification to thod … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,101 satisfied customers
I have a question about employment law in Texas. My employer
Hi! I have a question about employment law in Texas. My employer is asking me to sign a blanket wage deduction agreement that makes me feel a little uncomfortable. I just want to make sure they can le… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,975 satisfied customers
Are you familiar with employment law in Arizona? Full time /
wrongful termination, sexual harrassment misconduct/cover up, hostile work environment, retaliation.....hi-profile employer, out of fear and fiancial panic, took severance and signed. first, any severance in hospitality is unheard of....employer offered me two months, i countered at 6 months and then agreed to five months because of financial situation...to me, this reeks guilt?....can i still pursue complaint with EEOC? I have multiple witmesses to sexual misconduct and did in fact inform management....too much too type...ugh … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,570 satisfied customers
Employment law in Florida. I had an agreement with my
Employment law in Florida.I had an agreement with my employer to get paid for the mileage expenses. Employer says that the request is for 2016 and refuse to pay now that I don't work there anymore. Wh… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,180 satisfied customers
I have employment law related question from an employer
I have employment law related question from an employer point of view. This is to do with California EDD.… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
936 satisfied customers
I don't have an employment law question. My question is how
I don't have an employment law question. My question is how do physicians decide they will not treat people at age 80 for behavioral health. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,353 satisfied customers
I have a question about employment law and wrongful
I have a question about employment law and wrongful termination. I was fired because of the content of a recorded conversation. I did not consent to any recorded conversation or audio devices in my place of work; they were hidden. I am wondering if I was wrongly terminated. (I am in california, by the way) … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,195 satisfied customers
I have a question I was out for ADA leave until August 11 of
I have a question I was out for ADA leave until August 11 of 2017. Due to a car accident My employer just today put me on performance improvement plan (PIP) for the last 60 days. which cover the month of August and September meaning that covering the time while I was on leave. … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,195 satisfied customers
I have a question about employment law. It is an story that
It is an long story that started years ago. I have resigned my position because of how this person has treated me in the past (which was documented with HR), however, I haven't documented the incident that made me decide to resign. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,353 satisfied customers
Need advice on employment law/wrongful termination. At will
Need advice on employment law/wrongful termination … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,180 satisfied customers
I was trying to fine specific employment laws for but im
Hi there! I was trying to fine specific employment laws for virginia but im having trouble. I was issued a summons recently for serving alchohol to a minor, I did ID him but I read it wrong. This resu… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,093 satisfied customers
As to our last conversation in July, I was approved for ADA
Hi Doug,As a follow up to our last conversation in July, I was approved for ADA protection for my degenerative disc disease. My condition continues to improve, more slowly than hoped for, but it is im… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a question about an ADA approval. To both. At will
I have a question about an ADA approval JA: Have you documented this or discussed it with HR? Customer: Yes To both JA: Is the employment agreement "at will," union, full time or part time? Customer: … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
6,353 satisfied customers
I have a question. If I request ADA accommodations. Does my
I have a question. If I request ADA accommodations. Does my company have to leave me in my current job until they find accommodations. The reason I am asking, the company wants we to move to a differe… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,125 satisfied customers
I think I fall under The ADA Laws, and would like to get a
I think I fall under The ADA Laws, and would like to get a Lawyer in Washington, DC. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I believe that the "at will" employment law is an advantage
I believe that the "at will" employment law is an advantage for the employer and disadvantage for the employee. Do you agree? Is there a chance that it will some day be eradicated?… read more
Michael Bradley
Michael Bradley
JD
1,138 satisfied customers
ADA related - I have debilitating chronic migraine
ADA related - I have debilitating chronic migraine (including of the eye) and the lighting at work recently changed. My dept. has had us work from home for the past 2 plus years and come on campus as … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,537 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x