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

I took a pre-Employment...

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.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full-time , union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

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.

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Answered in 3 minutes by:
10/11/2017
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,037
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.

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Customer reply replied 7 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.

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Was there anything else I can do for you?

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Customer reply replied 7 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.

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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.

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Customer reply replied 7 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.

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Customer reply replied 7 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.

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