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I took a drug test. Drug test came back positive I am not

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I took a drug test...
I took a drug test for work. Drug test came back positive for drug I am not taking.
Challenged that result and company took same sample from vial and again came back positive. I do not take that drug however was terminated. Should I have been allowed to take a second sample instead of reusing the first one. The first same took place around Feb 1 and sent to Quest in Nebraska and the second sample took place around the 15 of Feb and via Van Muys. Something is not quite right with this or is it my imagaination
Submitted: 1 year ago.Category: Legal
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Answered in 3 minutes by:
3/16/2016
Lawyer: Ely, Counselor at Law replied 1 year ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,932
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am very sorry to hear about this situation. On this website, I do not always get to give good news, and this is one of these times. I understand that hearing things less than optimal is not easy, and I empathize. Thanks in advance for not "shooting the messenger."

An employer generally has the right to terminate an employee FOR ANY REASON.

The only reasons one cannot be fired for are:

-PUBLIC POLICY (discrimination based on race, religion, creed, etc; or, a retaliatory termination due to a claim made by an employee); or
-CONTRACT POLICY (if one has a contract that disallows such a termination)
-COVENANT OF GOOD FAITH (firing an employee to avoid paying a benefit, for example)

Otherwise, an employer can terminate for any reason, without notice. It can be based on a mistake (like the mistaken drug test), or, just the fact that they do not like your shirt one day. You will hear "right to work" a lot. However, that does not mean what people think it means. All this means is that at time of being employed, the employee has a choice whether or not to join a union as a condition of employment.

Otherwise, the employer does not owe the employee any "due process" (that is if this was a court matter) or any "redos" on the drug test, so to speak - unless they choose to agree to this, at their discretion.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

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Lawyer: Ely, Counselor at Law replied 1 year ago
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
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Ely
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Ely, Counselor at Law
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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).

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