Q: Cps drug test on 02/24/21 come back positive but I didn't use can I take legal action against the testing company?
I do a mouth swab 3x a week for CPS. I recent had a test come up postive for cocaine but I haven't used nor relapsed since this case opened. When I was notified of the postive test taken on 02/24/21 I went back to the same testing facility & paid for a hair drug screening taken on 03/18/21. It got sent to a different company then the swabs do those test results show what I knew. that I hadn't relapsed. This isn't the first test from this company that has came back postive but this is the first time I thought about getting another drug screening done. I would do a urine or mouth swab to prove I'm negative but by the time I get my results from the CPS caseworker those 2 test don't go back far enough to show i didn't relapse. That's why I had to do the hair sample because it goes back up to 90 days. seeing that this isn't the first time I've had a test show I was postive when I wasn't but the first time I've had another result showing proof. What if any legal actions can I take?
A: Unfortunately, there's not much recourse. Your issue is more common than a lot of people realize. Fortunately, a lot of courts are becoming more aware of the issue, and particularly with certain companies, to the point where some courts have changed providers. All you can really do is what you already are doing; if a result comes back positive, immediately get another test.
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