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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117369
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was giving a drug test at work,it was a swab test,I had the

Customer Question

I was giving a drug test at work,it was a swab test,I had the swab in my mouth for several min.,he took it out to his car,came back in and told me it did not take to do another one,again had it in my mouth for several min.,he told me to put that one in a bottle close it and date it put my innialls on it.that was on a sat.,called office Monday and was told I faild it due to ampedamines,I said that was impossible and was willing to take a lab test right now,with I did as soon as I HUNG UP,IT CAME BACK NEG.THEY DID NOT USE THAT AS A EXCUSE TO FIRE ME,BECAUSE I took a ddifferent test,my question is ,all that was on camera and I HAVE A CASE OF DEFIMATION OF CHARECTOR FOR THAT PHONY RIGED DRUG TEST?please excuse my spelling.charles McKenzie.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year 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.
These swab tests have a high incidence of false readings and as such ONLY if your employer had fired you as a result of a false reading you first and foremost are eligible for collecting unemployment, which you would not have been if the test had been really positive.
Second, you have a ground to sue the employer and test manufacturer for their defective test, since their false positive was indeed defamatory and IF you could also prove that this caused you financial harm. You have to prove both that they knew their statement/test was false and also the financial damage you suffered directly as a result. Without financial damage, you could not have a case. You could still seek to sue the test manufacturer if the test was defective for infliction of emotional distress for making faulty products leading to everything you had to go through.
As far as discrimination, in order to have a case for discrimination, you have to prove the only reason they did this to you was your age/race/sex/disability/national origin. The evidence is upon you to present.