Question:
I worked at a company for approx. 5 months. I missed some days sick (Dr. documented/note) but did not exceed the company's attendance points policy. I was told I was selected for a "RANDOM" Oral Swab saliva drug test. The sample was collected by THE HR MANAGER IN HER OFFICE. 13 days later, (sample was overnighted to a lab) I was terminated for testing positive. I did not get a chance to see the QUANTATIVE TEST RESULTS until they were submitted to the state to appeal my unemployment benefits. (I was by the way found to have not failed the test, according to the COMPANY'S OWN POLICY/CUTOFF LEVELS so I am unemployed through no fault of my own, according to the state. My results show all 6 of the drugs tested for to be in my saliva though all below cutoff levels, with the exception of methampetamine-which it says is EXACTLY AT THE CUTOFF NUMBER. NO MRO NAME APPEARS ON THIS RESULT. I did not do any of the six drugs tested for-Input from any DR's or anyone else experience this?
Answers:
You only worked there five months. Even if they broke a bunch of policy and procedure rules I do not think you could prove much in the form of damages. Also it depends on what state you live in. As an employment attorney told me, this is the worst time he has ever seen in his career to be an employee. Companies can and do whatever they want.
Your union might have a legal office at headquarters, see if you can contact them. Start with these steps or move on. Do not make calls, tell this long story to all your friends and relatives, call your city councilman, etc...
1. Write down what happened, list out the facts, dates times, etc.
2. Meet with an attorney. Have them write a letter to the HR manager. If you say you did not do drugs, then main concern is how this might effect you in the future. You need to notify them they have falsely labled you as a drug user. The attorney will most likely have you take another independent test.
If you are denied benefits, I would appeal based on the fact that the samples were not collected and handled by a qualified professional. That or ask for a re-test, but do you really want to go back to working there or is this just to get your unemployment benefits?
Where I work if you fail the test they retest once. If you know you didn't use any drug check the policy for retest. Did you ever take a metamphetamines? If not you should retest if you did then maybe try rehab and apply for the job again.
They probably just wanted to get rid of you. That's what HR does, hire candidates and fire trouble makers.
Odd that it was the HR person administering the test. . . .
My husband's trade it is ALWAYS a lab tech. The company brings in a mobile lab unit to administer urine tests for the large jobs, and sends the guys to a local lab for a small number of people. You should be allowed a retest. Remember that prescription drugs throw off results, be sure to disclose any scripts you are on and have the script with you.
This article contents is post by this website user, HiAnswer.com doesn't promise its accuracy.
More Questions & Answers...