What are an employee’s rights regarding a faultydrug test?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption