What are an employee’s rights regarding a faultydrug test?
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What are an employee’s rights regarding a faultydrug test?
I took a 10 panel drug test. The cup used was ribbed plastic see through drinking cup, not individually wrapped or the kind of cup I have seen on the internet used for this kind of test. The test stick (?) was not individually wrapped either. Finally, the test was not preformed in my presence; they told me to wait in the lobby for 5 minutes. I was subsequently told that I tested positive. I know you hear this all the time but I do not use drugs. Every drug test I have taken has been right in front of me unless they had to be sent to a lab. I think it was illegal the way it was preformed. Should I consult with an employment law attorney? In Toledo, OH.
Asked on July 3, 2011 under Employment Labor Law, Ohio
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you are fired for testing positive to a drug test that was improperly conducted you have rights. In many cases your termination may be considered wrongful by state and/or federal statute. Additionally, you may have a cause of action in various scenarios against your employer and those who performed the testing. By all means present your case to an employment law attorney for a case evaluation.
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