First of all when a drug tests returns positive you are supposed to not only advise the employee or prospective employee but give them the opportunity to explain themselves and re-take the test (99.9% done that same day or following morning.) Fact, the unreliability of drug test are any where between 10 to 30%! A handful of States have enacted laws restricting drug testing in the private sector. Maine, Vermont, Rhode Island, Connecticut, Montana, Minnesota, Iowa, and Hawaii have adopted laws that limit the circumstances under which employees can be required to submit to drug tests. Louisiana, Maryland, Nebraska, Oregon and Utah have adopted legislation that regulates drug testing in some fashion.
Go to the website I posted below to read up on the laws of your State. You may have cause to file legal action.
Drug Testing Laws
To research your state's drug testing laws and potential consequences, start by clicking on State Drug Testing Laws in the sidebar. ...
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http://jobsearchtech.about.com/library/w鈥?/a>What are my options after a false positive for marijuana?
Your welcome and the best of luck!!
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i'd contact a lawyer
you are going to need medical evidence to support your claim, or see if the company has a policy to dispute the test result and allow a second test
I recommend:
Calling up your HR department and request for a re-test. Explain to them that you have a strong case for the first test result being erroneous. With any test, there is always a potential for a wrong result, including human minstakes. FYI, there is also a hair test you can do that will evaluate your use of banned substances in the past few months (assuming you have certain length of hair). You can even agree to being randomly tested for the next year. Most reasonable companies should give you a second chance.
If they will not, then your recourse would be to threaten to seek legal course of action. Just be ready to act on the threat if needs be. Companies generally would prefer not to spend hundreds of thousand of dollars to defend a lawsuit if it can be settled for the cost of a test.
All the above is based on the assumption that you REALLY didn't use any banned substances (yes, I believe you).
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