Can I sue drug testing lab for losing my urine sample?

I took a pre-employment drug test. The sample was sent to an out of state lab. I was told it would take 2-3 days. My employer and myself called the company for 2 weeks wondering what

was going on. Finally they claimed the sample was lost in transit. But they told me over the phone days before that the sample was verified as arriving at the lab lab. Now I’m taking another test with new company but have missed what will be 2-3 weeks in wages.

Asked on April 19, 2016 under Employment Labor Law, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue the drug testing lab for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable drug testing lab would have exercised under the same or similar circumstances to prevent foreseeable harm).
Your damages (monetary compensation you are seeking in your lawsuit) would include your lost wages.


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