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Is it right to withhold a positive drug screen for pot with the understanding that what is done on vacation stays there but as soon as you displease the party holding the info. They turn it in months later? Causing you to lose your job and income. And the state agency approves and accepts this information as if it was just done. ? Should the party giving this info also be fined and held responsible I thought black mail was illegal too. Should I write the state agency and state to them I accept my part but, the other party should be fined for with holding the infromation that should had been submitted right then.Or should I just say nothing and allow this to continue with other people getting hurt by those in power. Or does the zero tolerance laws accept and encorage such behavior. To use the zero tolerance for the purpose of not helping those that need it but to cause harm to those of us that make mistakes every now and then. I have been to an additionist that has found me not an addic

2006-09-18 04:16:56 · 6 answers · asked by bornmountainwalker 1 in Politics & Government Law & Ethics

6 answers

With a positive result I don't think they will listen to a word you say.

2006-09-18 04:29:13 · answer #1 · answered by ? 3 · 0 0

Well, first of all, the fact that you were on vacation while doing the drug does not make a difference. If your job has a zero tolerance policy when it come to drug use, you are not allowed to use no matter where you are. If you use that thinking, then people who only use drugs when that clock out can make the same argument.

However, the you could argue that since the drug test was taken a month ago, that the test could have been tainted. I would demand another test to be taken, as long as you are not still taken drugs. Which in that case it should come up negative.

As for the employee who held your test, you should try to bring charges against him/her. If anything, he should get in trouble with your job for holding a positive drug test for a month. If is his job to inform someone right away when the test comes back positive. In fact, I think by holding it, he gave you an escape goat, because you can now use the fact that is was an old test to you advantage.

As for black mail, yes it is illegal, but I don't think it applies in this case because he was not using it to get something from you. He just caused you to lose your job. If he had of said unless you give me money, I will tell would it be black mail. But you can always look into it. But the fact that what you did was against the law, I don't see you getting anywhere with it.

2006-09-18 11:30:57 · answer #2 · answered by Rocks#1Fan 3 · 0 0

It seems to me that this info. should have been turned in when it was done. It also seems to me sense this person withheld this info he/she should be fired. If you have nothing in your system now I would request that another drug screen be taken to prove your inocence at this time. I would tell the compony that I would pay for the drug screen but when it comes out negitive for drugs they should remburse you.

I believe that is not against the law to have an addiction but it is against the law to use or sell drugs. I have brought this up because if a few months ago you were using and now your not then that should play a role into keeping your job.

If anything I believe this person should be fired, but it probably depends on compony policy.

Good luck

2006-09-18 11:32:20 · answer #3 · answered by Peanut 3 · 0 0

First rule...admit nothing...the other party is lie scum...then you can try EEOC or human rights. If you were fired for using drugs and there was no piss test you have a case. If nothing else slander.

2006-09-18 11:28:31 · answer #4 · answered by curious115 7 · 0 0

Right and Legal are two seperate things...best not to confuse the two. Sorry, but that's life.

2006-09-18 12:40:54 · answer #5 · answered by Joe 5 · 0 0

Remember the adage: "One third of the world are criminals, one third are victims, and the remaining third are wondering where they belong."

Who was the helper, and who was the helped?

2006-09-22 08:23:41 · answer #6 · answered by Mr.Been there 3 · 0 0

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