Q: I got a positive drug test which I am clean and the test was adulterated. What can i do?
I had an accident and someone came to the scene and tested me. She said the test would go to the employer and they would send it to the lab. The accident was on Dec 9 and I was fired by my employer then. I just got the call today from the lab.
A: An employer is allowed to perform a post-accident drug test, and is allowed to rely upon the results, even if you dispute it, in making an employment decision. Your recourse, if any, is against the drug company who presumably messed up the test, not your employer. Sorry. Good luck to you.
A:
If you believe the drug test was incorrectly reported as adulterated when you're clean, you have several options to protect your rights. First, request detailed documentation of the test results from both the lab and your employer, including the specific testing procedures used and chain of custody information.
Consider filing an appeal with your employer immediately, explaining your situation and requesting a retest at your own expense. California law provides workers with protections regarding drug testing procedures, and you may have grounds to challenge the results, especially if proper protocols weren't followed during the collection or testing process.
You might want to consult with an employment lawyer who can review your case and advise on potential legal action. Many offer free initial consultations to evaluate your situation. Additionally, document everything related to the incident, including the details of the accident, any witnesses present, and all communications with your employer and the testing facility. Time is crucial in these situations, so taking action promptly will help protect your interests and potential claims.
Given that the test was conducted at an accident scene rather than in a controlled testing facility, there might be questions about the proper handling and chain of custody of the sample. Keep in mind that if you were terminated based on potentially flawed test results, you may have grounds for wrongful termination under California labor laws.
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