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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118658
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I took a pre employement dot drug screen app 2 weeks

Customer Question

I took a pre employement dot drug screen app 2 weeks ago..during the test the examiner stated my temp was not in range n wrote to hot 100 degrees..she then poured the spec in the bottles sealed them and I left..I just found out yesterday she said I failed because of temp...nothin was stated on my paperwork that I had to retake and the temp was in range .what are my options
Submitted: 2 years ago.
Category: Legal
Customer: replied 2 years ago.
Also I have the paperwork that shows the temp should be between 90-100. Now Ive lost my job and ive drove for 20+ yrs...never failed a test...this test was in range .
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If your sample was within the temperature range, they could not legally fail you and you need to immediately file a written appeal to both your employer and DOT for the test and include a copy of the documentation that shows the acceptable temperature range and that your test was within that range. It is correct that if a person gives a sample outside of the temperature range, that is an automatic failure and no subsequent test or re-test has to be offered. However, that is not what you are describing here and you need to file your appeal. If they do not agree to rescind the failure and offer a re-test, then your next recourse would require you getting a local attorney to sue for the inaccurate test reporting with your sample being within normal range.