False Positive Drug Test

[Sorel]

Hello,

I was on my 2nd wk of employment when myself and two others had to go drug test, they called it pre-employment. Two days later I was told my test was positive. I told him there must be a problem. I called lab they already disposed of urine. When I signed sample form I was 2 leave ph# to be reached if positive but never told to sign label on sample,the sample form states non-federal, the labs states non-hhs. plus during sample one lady replaced a another during and you can't even make out who signed as sample taker and even the lab the signature of ph looks nothing like one letter even in his name ,when I called lab nurse said it was just a pre-employment test and I said then how did i get fired then with no way they or I can prove either way.boss said if I can get it overturned I can come back. dept of labor got it now . Can I sue both donation place and lab for defamation of character, negligent or what?

I appreciate your time,

Donald

[gofraidh34]

Donald:

Most labs that perform drug tests have rigid procedures that include a split sample, where the split the urine sample in order to have something to test again in case of a positive.  If I were you, I would go to the lab and request written copy of their test procedures.  I would inquire if they have a retest policy, etc.

Be ready for them to tell you they cannot provide such information, as they may refer you back to the employer.  I would write them a request for the same information.  What is their policy, etc, why were you not called and given an opportunity to request a test of a split sample, etc.

Only after you know their policy can you determine if you have a cause of action against the lab and or the Company.

Tom Ballas