Q: Failed pre-employment drug test due to methadone prescription; what can be done?
My boyfriend failed a pre-employment drug test because methadone, for which he has a prescription, showed up. The employer never asked for any prescription information beforehand. The lab attempted to call, but no voicemail was left and the lab's name never appeared on his caller ID. After checking his 34 messages, there was no message about it. The HR representative mentioned he could be hired after 30 days, but he'd have to take another drug test. He will still be on methadone in 30 days and has plenty of proof of his prescription on his methadone bottles. What steps can he take to address this situation, considering he has a valid prescription?
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A:
Since your boyfriend has a valid prescription for methadone, he should address this issue with the employer by providing proof of his prescription. He can explain that the presence of methadone in his system is due to his legitimate medical use and that he is legally prescribed it. It’s important for him to provide documentation, such as a copy of the prescription or a letter from his prescribing doctor, to demonstrate that he is not using methadone illicitly.
Given that the employer mentioned he could be hired after 30 days, your boyfriend should inquire if there is any way to avoid the second drug test or clarify if a retest would be necessary considering his medical condition. He should also confirm the communication protocols for the drug testing lab, especially since he was not informed about their attempts to contact him, and request clearer instructions on how to avoid miscommunication in the future.
If the employer continues to delay or is unwilling to accommodate his medical prescription, your boyfriend may want to consult with a legal professional to understand his rights and options under employment discrimination laws. In many cases, employers are required to accommodate employees' legal prescriptions and cannot penalize them for taking legally prescribed medication.
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