Danville, CA asked in Employment Law and Libel & Slander for California

Q: I was accepted for a job pending a drug test. Employer notified me that I failed due to high creatine in my urine.

I have never used drugs. I do have liver disease and kidney problems which could show high levels due to my organs not excreting properly. Can i sue the lab for telling potential employer that I failed.

4 Lawyer Answers
William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: It is unclear that the lab result was inaccurate. If the lab correctly stated that you failed, but you claim that the creatine was present due to liver and kidney problems, then the lab did nothing wrong. You should take the results to your physician and request a letter explaining the results in light of your liver disease and kidney problems. If that is the reason for the failure of the test, you might have an ADA claim against your prospective employer.

Gerald Barry Dorfman agrees with this answer

Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Mill Valley, CA
  • Licensed in California

A: I agree with Mr. Light, except it is not clear why they were testing for creatinine, since it is not a drug, but a sign of kidney impairment. Your employer or the lab may have exceeded the scope of your permission for testing.

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: you would need to share a lot more facts with a lawyer for that answer............however though you can sue any one at any time i think you would have a challenge finding a lawyer to take it on a contingency.

i suspect the lab reported your levels which were obviously not accurate.

you could have your doc review and prepare a letter of explanation.

if you can not find a lawyer then you can consider as a last resort going to small claims where you can sue for up to $10k if you can prove liability and damages.

Peter N. Munsing
Peter N. Munsing
Answered

A: If you had high levels then you had high levels. It's not their job to tell the employer what levels to use. It is in your interest to make sure the HR department or whoever was looking at the levels understood your situation.

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