What are my rights when it comes to pre-employmentdrug screens?

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What are my rights when it comes to pre-employmentdrug screens?

I had a test last week and the lab couldn’t determine if the urine was human or animal. They pushed it aside and waited 6 days to call to tell me the test was inconclusive. They will not re-test the 2nd vial that was sent to them. They are going to post the results as a positive to the company I applied to. When the lab called me, they did not want to discuss anything with me. They just hung up. I called the lab back and they told me that I had crossed the lines with calling them. What are my next steps. This could end my career. I do not do drugs, drink alcohol or prescription meds.

Asked on July 30, 2011 South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to read the agreement you presumably signed with the potential employer and the company that tested your urine for pre-employment drug screening carefully. Its terms control your and their rights as to the sample you provided for testing.

In most cases, the employee such as you has the absolute right to see the results of the testing and challenge the results with a re-test. You should write the company (or e mail it) specifically asking to see the test results by a stated time period. If you do not receive the response you desire, you should consult a labor law attorney about this problem to decide how you want to proceed.

Good luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to read the agreement you presumably signed with the potential employer and the company that tested your urine for pre-employment drug screening carefully. Its terms control your and their rights as to the sample you provided for testing.

In most cases, the employee such as you has the absolute right to see the results of the testing and challenge the results with a re-test. You should write the company (or e mail it) specifically asking to see the test results by a stated time period. If you do not receive the response you desire, you should consult a labor law attorney about this problem to decide how you want to proceed.

Good luck.


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