faulty drug test

Discussion in 'Termination: Firing & Resignation' started by bobbyhonea, Nov 15, 2012.

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  1. bobbyhonea

    bobbyhonea New Member

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    ..I had an accident at work on election day 11/06/2012 and it was my third of the year so I expected to be terminated.
    h.r. took me in and had a u.a. drug test done on me and said it looked positive for marijuana but they were going too send it off to be verified,
    and I would be on suspension untill the results were back, If it was clean I would be paid for the time off.
    Well I have 16.5 years clean and sober and have not been any where around drugs in that amount of time, so I thought I would have a few paid days off.
    They contacted me on monday 11/12/2012 and said it was confermed that I had marijuana in my system and was terminated.
    Its crap that they put this on me after fighting this addiction for so long only to be told by someone that im a drug user when im NOT!
    Now I wont be able to draw unemployment because now im tagged.
    They told me I could retest but i would have to pay and it would be done from the same sample by a lab in new jersey,if they missed it once they'll do it again

    I made an appointment with the local drug court the next day to be tested and was clean and im going to get a hair follicle test done next.
    I was told by a counselor friend that I could take both test results to the unemployment office and get unemployment benefits.

    I admit I should have lost my job for the accident but not for the U.A....their system is totally out of sync

    what recourse do I have? clean and serene for almost 17 years
     
  2. disagreeable

    disagreeable New Member

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    What recourse in regard to what? Are you a CDL driver?
     
  3. bobbyhonea

    bobbyhonea New Member

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    sorry...no I was a stand up high reach lift driver
     
  4. shrinkmaster

    shrinkmaster Moderator

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    Sounds like you are already taking the correct measures to resolve test issue
     
  5. jetliner2

    jetliner2 New Member

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    You might consult a lawyer on this one. I'm not sure the costs and what resources you have available, but what I would consider doing is have them retest if it's form the same sample, then see what they come up with. If they again say it's positive, yet the court tests both show negative, then that means there is a problem with the lab, and I would sue them.
     
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