I recently had to go see the doctor due to an injury at work. And I was made aware that it was policy to to take a drug test. Being a non drug user, I agreed. My tests came back positive for PCP!! I take Effexor for deppression and it has shown to cause false positive results,yet I was informed my employer was "unwilling to incurr additional costs to confirm this result", before coming to accuse me and suspending me for something I didn't do. I am humiliated and frustrated. I paid for two additional tests myself and one was monitered, which was so degrading. I should have at least been given a chance to have the option to confirm the tests before I was treated like a low class drug addict. Does anyone know if I have a right to suit ?
2007-03-12 18:27:03 · 6 answers · asked by ya75ghali 1 in Politics & Government ➔ Law & Ethics
Speak to a lawyer. That'd be your best option.
2007-03-12 18:30:34 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Yes, I am on your side. The first posible action you can make is to manifest an affidavit that the said substance is over the counter or perhaps it is a drug that prescribe by your physician. Provide a sample and the result of your first test. Submit a motion for reconsideration stating that the said sanction is excessive and that you should present a second test result and analysis of the result by a medico legal attesting to the fact that it was the Effexor you took that could definitely give a false positive result for a drug test.
If they grant your motion and finds you fit to work then good for you if not you have to do the plan B. After exhausting the remedies stated above, file a labor case before a proper court (and find a good labor lawyer) and present all the documents which shall serve as evidence to prove that test were negative. In your case pray that they re-instate you, pay you damages caused by false accusation and expeses incurred with all the test and the trial. Now this may not be granted to you but it is better to ask for this before the trial starts or you cannot do so.
Actually you have a strong case on your favor but only if all the documents and test are notarize and recorded. This is a labor related matter and at the same time civil action for recovery of damages. This may seem a big cost for you..yes it is true but better to consult a public attorney or a labor leader/ organization on your state. Goodluck!
2007-03-13 01:55:13 · answer #2 · answered by art_wur 3 · 0⤊ 0⤋
Did you disclose on the paperwork prior to taking the drug test that you were taking the drug Effexor? If you disclosed that information, then you may have a case. If you did not disclose that information when you took the drug test, then any admision after the results are back are subject to doubt by the employer. Confirm this with a couple of lawyers. You may still have a case, but it will be a difficult one at best.
2007-03-13 04:38:38 · answer #3 · answered by daddyspanksalot 5 · 0⤊ 0⤋
Every drug test I've taken asks which medications you are on. So assuming just what I read...I don't know if you have the right to sue but I would find out soon. If you are hurt at work due to being under the influence boss can fire you and a bad result will follow you. I would show this to my boss and demand to be paid for my time off. Also find out your rights ASAP it's sounds like they've been violated.
2007-03-13 01:40:00 · answer #4 · answered by bernel1403 5 · 0⤊ 0⤋
If the employer suspended you for taking a valid prescription medication, then you have grounds for a civil lawsuit.
The specifics vary by state, so you should contact an attorney licensed in your area.
2007-03-13 01:31:00 · answer #5 · answered by coragryph 7 · 2⤊ 0⤋
You have a case against your company, but it's a civil matter, not criminal. (I'm not a lawyer, so seek professional assistance on this before acting, of course.)
2007-03-13 01:30:46 · answer #6 · answered by Pint 4 · 0⤊ 0⤋