What canI do if I failed a random drug test but I am clean?

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What canI do if I failed a random drug test but I am clean?

The test was not given to me by DOT procedure. I know I’m clean. The hospital never shut the water off and never checked my pockets or asked for id they also never checked the temp. Of the specimen. They also never sealed the the bottles in front of me. How do I clean this off my record? 

Asked on July 7, 2011 under Employment Labor Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Okay so what you are saying is that the specimen could be tainted and/or was compromised in some way, correct?  Additionally you indicate that the DOT violated their own procedures for obtaining and investigating and you were essentially convicted without a fair trial.  Then you need to appeal the decision through the procedures that should be in place within the corporation/municipality - look in your handbook or on the HR website - and if you are not satisified with the results, you need to seek help from an attorney on the matter as you may need to take what ever procedural matters within the law that you are permitted.  Good luck to you.


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