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  1. #1
    Join Date
    Apr 2011
    Posts
    2

    Default False Positive on Preemployment Drug Test - How Can I Clear the Record

    My question involves labor and employment law for the state of: Texas

    I got an offer from a big corp and passing drug tests was a requirement for employment. Though for some reason my test came back with: Positive with Marijuana.

    Knowing this must be a false positive as I have 'never' associated with any drug and previous tests (months ago) were all fine. I went to the same Testing Agency to do the test again (3 days after the Positive test), and the result came back as Negative.

    I've tried to convince the Company to send me for retest but they said nothing could be done and it's in my record which causes me not being able to come back forever.

    After some researching, I know the Company did nothing wrong. Though, I believe the Testing Agency who made the mistake should be responsible.

    Since I don't have enough money to hire lawyer to settle this and I don't really want to sue people. I'm wondering is there anything that can be done so that the company would clear the Positive Drug Test record?

    A friend of mine who is an Attorney in Ca suggest that a TX attorney maybe able to write a letter to convince the company. Other than this, is there anything that I can do myself?

    Thank you very much for any insight!

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: False Postive on Preemployment Drug Test - How Can I Clear the Record

    There is nothing that you, a CA attorney, a TX attorney, or Eric Holder can do to force the company to hire you even in the light of the negative test. Threatening them (which is what a letter from the attorney will be seen as) will not make for a very pleasant environment.

    If the company is not willing to hire you then that's their decision and there is no law you can invoke that will require them to change their minds.

  3. #3
    Join Date
    Apr 2011
    Posts
    2

    Default Re: False Postive on Preemployment Drug Test - How Can I Clear the Record

    I understand the company has all the right to refuse employment based on the result.

    Though, what if I decide to sue the testing agency for making a mistake. I have pretty decent ground for the case:

    . The false positive test was done by a trainer whose procedure I believe wasn't 100% correct (new comb, disinfected scissors (or even new scissors)

    . Same test from same agency (this time was done by the manager) 3 days after Positive test, where procedure I noticed was very careful; returnsNegative results

    I mean isn't it way too unfair that I have to take responsibility for something I haven't done. I read some law article about this: Imposing Liability on Drug Testing Laboratories for "False Positives": Getting around Privity Apparently, this is quite common but the Law isn't supporting the employee.

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