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  1. #1
    Join Date
    Nov 2007
    Location
    richmond va
    Posts
    4

    Default Contesting A Positive Drug Test

    I was recently terminated from my position as a manager at a job in which I loved and cared much about.

    I was given a random drug test back in November. I received a call back from the testing company asking me if I was prescribed a medication which was a long name that started with a b.

    I told the MRO that I did have a prescription for the medicine as I am prescribed a medication with that same spelling ( I Thought).

    I called and gave my information to the testing company. I received a call back and was asked to re verify the information I provided, and I had to correct the information collector as she pronounced my name incorrectly and had the first three digits of my social incorrect.

    I recieved another call from her and was unable to get it so I returned the call as was given to someone else again. I gave all my information again with the addition of another medication in which my doctor stated would have shown up on my test.

    Two days went by and I received another phone call from the same lady who stated none of the information I gave was what they where looking for and asked for a specific medication which was different than what I was originally asked about and in which I was not prescribed.

    I couldn't provide any other information as I gave them all that I had.

    She stated to me that she was going to forward the information to her supervisor and I asked her to please have her manager give me a call.

    That following week I was terminated from my position for illegal drug use. (barbiturates????)

    I have been put on hold by this company for two weeks trying to get the results of my test so that my Doctor can review the results.

    My doctor has advised me that if they do not have a type of medication in my urine that would cause a positive result for amphetamines then it is not my Urine.

    He suggests that I threaten the testing company with a lawsuit if they do not allow me to have a retest, reinstate my job and issue me a letter of apology.

    To contest the testing company regarding the positive random drug test result, the following statements, I feel are viable for debate. They show negligence with sensitive life changing information and will be the basis of my case against them:

    1) The fact that I am on prescribed medication (adderal) that should have showed up in my urinalysis as amphetamines but did not.

    2) The testing company stated my name to me wrong three times and my social security incorrect once.

    3) I gave my prescription information to four individuals including an answering machine and they only showed two medications on my documentation.

    4) The only medication that showed up was a barbiturate class drug that I have never even heard of. (butalbital) My doctor says it is rarely used and is not a widely abused medication. He stated that he wasn't sure of the spelling they have but it may not even be a controlled substance. Why this drug would be tested for in a random drug test for a labor management job is ridiculous.

    5) I requested to speak with a manager to discuss all of this prior to the results being released to my employer and never got to talk to one.

    6) In a open discussion with a supervisor at the testing company, after my termination, it was disclosed to me that unfortunately they do receive samples from the lab all messed up so that could be the reason for my name and social being stated to me incorrectly.

    7) Nothing was verbally said to me to describe the appropriate procedures for the collection and handling of urine samples.

    I was instructed to sign and initial all areas on the form and never witnessed a collector handle my specimen. Nor did I initial my specimen upon sealing. It was told to me by my doctor that this should have taken place. (I guess I was the dumb *** for not reading everything I signed).

    I have taken three tests for this company during my three years of employment and I do recall the procedures explained to me by my doctor being performed the two times prior to this.

    I wasn't analytical of the paperwork or worried about the procedures at the time because I didn't use drugs or do anything illegal to worry about failing a test!!!!

    I am being 100% open and honest with this forum. I am not a drug user or abuser and I want to do whatever I can to get my job back.

    I cannot take this lying down. My only concern in which I feel worried about is the fact that this may not be the only reason I was terminated.

    When I asked for my reason for termination to be put in writing I was refused that documentation!!!

    I was told by my company that I could fight the positive result from the testing company but I would have to pay 180.00 to have them retest the same sample and would not be allowed to submit another sample.

    It is the advice of everyone I have come in contact with regarding this that I should not pay the money to test a sample that I am not even sure is actually mine.

    Please help me out anyway that you can!!!!!!!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Contesting A Positive Drug Test

    It sounds like when the drug testing company tried to clear up confusion, you mistakenly made false representations about the medications you were taking, and when that was reported to your employer they decided to terminate you. Has your employer indicated that they will take you back? Why not go to any clinic or hospital of your choice which does drug testing, and get a test?

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