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  1. #1

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    Faulty Drug Test

    On 11/5/2005 I was offered employment with a local company on condition I passed a physical and drug screen. On 11/7/05 I took and passed the physical and was waiting for the results of teh urine test. Today 11/11/05 I went to orientation for this company. After the orientation I was phoned by the reviewing doctor of Health works of wny and was informed that the sample came back diluted. I was shocked... I told him that i did not do anything to the sample that was collected. His response was it was humanly impossible for it to be diluted by the human body. At that point I said fine I told him I will will retake the test with someone standing there if that was necessary to prove myself. He told me it would be up to the company. Then a hour or so later I was informed by the company that I would not be allowed to retake the urine test and that my employment offer was recinded. The Human resources manager told me that the doctor to her that I phsically diluted that sample and that the test was invalid which I did not do. Is there anything I can do legally? Is there anyway I can take action against the doctor who falsely accused me of tampering with the sample or the agency that conducted the test or the agency that tested the sample? The test did not come back positive for any drugs. What are options?


  2. Super Moderator Samaritan & Scholar

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    The job offer was contingent upon your passing the drug test. For whatever reason, you didn't pass it. The company was within its rights to rescind the offer.

    Unless you can prove that the doctor deliberately provided false information (not, made a mistake, not, misread the test, not, the sample really was diluted but by someone else and he mistakenly believed it was you) you wouldn't succeed in any action against him.

  3. #3
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    A diluted urine sample does not mean the sample was tampered with. It typically means the individual taking the test drank copious amounts of water prior to the test in order to "flush" something out of their system, therefore the density of the urine sample is diluted.

  4. #4

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    which I agree I have been drinking large amounts of water lately cause I quit smoking cigs 2 weeks ago so everytime I have been craving a cig I have been drinking some water.. I told the doctor that. His response was that drinking water would not of caused it.. His exact words were that it was humanly impossible for the body to dilute the sample and that I must have added to the sample..That is where my beef with all this comes in..And those words is the way he explained it to my employer.

  5. #5

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    Again... the labour laws dont protect anyone. A simple lie can screw your life up and theres nothing you can do about it except keep on paying through the nose in taxes for these people to screw you.

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