Pico Rivera, CA asked in Personal Injury, Civil Rights and Legal Malpractice for California

Q: CAN I SUE A DRUG PROGRAM FACILITY FOR AN EMPLOYEE WHO WAS NEGLIGENT IN COLLECTING MY URINE FOR TESTING.

EMPLOYEE COLLECTED MY URINE BUT NEVER SENT IT TO BE TESTED. AND THEN WHEN ASKED WHY SHE DID THAT, SHE ANSWERED, THAT WAS NOT HER RESPONSIBILITY TO TEST ME. BUT IT WAS HER RESPONSIBILITY BECAUSE SHE REMOVED ME FROM MY COUNSELOR SO THAT I CAN TEST. SHE DID THAT SEVERAL TIMES I LATER FOUND OUT. WHEN I WENT TO COURT AND WAS TOLD OF MY REFUSALS AND POSITIVE TEST.

2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: More info needed

anyone can sue anyone at any time for anything.

the things I predict that will be an issue, is can you find a lawyer to do this on a contingency rather than you having to pay a lawyer on an hourly.......... I think this will be a problem for you.

and what are your damages?

if damages are minimal and can be proven you can go into small claims where you can sue for up to $10,000.

William John Light agrees with this answer

William John Light
William John Light
Answered
  • Civil Rights Lawyer
  • Santa Ana, CA
  • Licensed in California

A: Unclear how you get a positive test if the urine wasn't sent to be tested. Also unclear why you are going to court and what the terms of your obligations are, and why you can't raise these issues in your current court proceeding. It wouldn't get you money damages, but it might prevent adverse consequences if your arguments are persuasive.

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