I have been suspended from my job for a month now due to a poitive drug test, I have never took the medicine and had the sample re-tested at a federal lab. One month later I finally got the results that the first lab was wrong and it was thier error. How to I handle this now. One month no salary and lots of stress. I'm still waiting to hear from Human Resorces about this new results. Can I sue the lab, job ???
2007-08-24 02:38:54 · 9 answers · asked by lauri112001 2 in Politics & Government ➔ Law & Ethics
States I have worked in required two samples for a drug test. Obviously there were two samples for yours. The extra sample is intended for exactly what happened to you. In most cases, should the retest prove the first test was incorrect, the company is required to pay back wages. Talk to an attorney about legal actions.
2007-08-24 02:49:26 · answer #1 · answered by sensible_man 7 · 0⤊ 0⤋
Well I don't think you would get very far by brining a cause of action. One months salary and on months stress would not be a large award. You might be able to bring an action against the lab for defamation as this has caused you some economic harm.....but again you don't have any large damages here.
I would hope that your employer would see the right way to handle this would be to pay you for the time you were suspended. However, I don't think you would get far in court.
You might try a small claims action against them for the lost wages, but I think it is a defense that they had a positive test result and no reason to doubt it at the time.
Your employment can be terminated for any reason or no reason at all. I think your time would be best spent on getting another job.
2007-08-24 09:49:07 · answer #2 · answered by hensleyclaw 5 · 0⤊ 0⤋
You realize they can take a hair sample to test for drugs and probably will if you sue them. Anybody can pass a urine test, but there is no way to get around a hair sample, unless you're Britney Spears of course.
2007-08-24 09:48:06 · answer #3 · answered by justcallmeriss 3 · 0⤊ 0⤋
I would defintely talk to a lawyer about suing the lab.
Personally, I would go to the lab that messed up the first test, see if I can locate the person responsible, and kneecap them with a tire iron.
But that's just me.
2007-08-24 09:46:13 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I would sue the company for lost wages, and stress caused by the suspension.
Make sure that you have the evidence to support your claim. You could be looking at a big financial settlement.
2007-08-24 09:44:34 · answer #5 · answered by Anonymous · 2⤊ 0⤋
You can certainly sue your employer.
They would sue the lab that performed the botched work.
I don't think you get anywhere directly suing the lab since you weren't their customer.
2007-08-24 09:47:37 · answer #6 · answered by Elana 7 · 0⤊ 0⤋
I'd suggest you read the consent form you signed prior to the test & the fine print about liability. You may have freed them from lawsuit.
2007-08-24 09:57:01 · answer #7 · answered by lana_sands 7 · 0⤊ 0⤋
Can I sue the lab, job???
Only in America!!!!
2007-08-24 09:45:44 · answer #8 · answered by Anonymous · 0⤊ 2⤋
smoke a j
2007-08-24 09:43:53 · answer #9 · answered by Anonymous · 1⤊ 2⤋