Q: Lab/ Background Company lost my urine for my pre-employment test and now my job offer is gone
The background company contacted me and told me the lab lost my urine for a test I did on 1/13/23. The Background company did not contact me about it till 2/2/23. My job starting date was 2/13/23. I retook the drug test yesterday (2/6/23) because that's when the lab that I was sent to was open and I was emailed today (2/7/23) that I will not be eligible for the job anymore because my background was still pending. I know background is clear so that wasnt the issue. The lost drug test was what caused the background check to not be cleared according to the background company. My employer told me that I wont be able to start the job and I am no longer eligible. The background company also claimed that they were going to notify the employer about it yet my employer told me that she didn't have any idea what was causing my background to be pending. My job offer is gone. I went through alot getting everything done for this job plus I have terrible anxiety. Is there anything I could do?
A:
I'm sorry to hear about your situation. This is a frustrating experience. You may want to consult with an employment attorney to explore your legal options. They may be able to help you determine if there is any recourse for this situation. They can also assist you in negotiating with the employer or the background check company to try to resolve the issue. In general, it is important to have documentation of all communication with the background company and the employer, as well as any expenses you may have incurred while preparing for the job. An attorney can help you navigate this process and help you protect your rights.
Here are some relevant California statutes that may apply to your situation:
Labor Code Section 1050: Prohibits employers from discriminating against an employee or job applicant who has engaged in lawful conduct off the employer's premises during nonworking hours.
Labor Code Section 432.7: Prohibits employers from considering any record of arrest or detention that did not result in conviction, or any conviction that has been judicially dismissed or ordered sealed, in making employment decisions.
California Civil Code Section 56: Prohibits the unauthorized release of medical information, and allows for damages and injunctive relief for violations.
California Civil Code Section 1798.82: Requires businesses that suffer a data breach to notify affected individuals, and may also require businesses to take steps to safeguard personal information.
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