This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Some of the most common defenses include: Chain of custody errors: If there were errors in the chain of custody of the urine sample, such as improper labeling or handling, it may be possible to challenge the validity of the test result.
If this happened in your case, ask for a retest of your sample. If your employer for some reason doesn't believe your explanation of the positive result, and your retest comes up positive again, it's time to talk to an experienced employment lawyer about the best way to protect your rights.
Be sure to tell the testing professional if you are taking any prescription drugs, over-the-counter medicines, or supplements, because these substances may affect your test results. Also, you should avoid foods with poppy seeds, which can show up as opiates in a drug test.
Simply ask if you can take another test. Many will have no problems accommodating your request. It helps to present evidence as to why you tested positive the first time. As already mentioned, a letter from a doctor or pharmacist regarding a prescription medication will help.
Yes. They can fire you for the failure. If it turns out to have been a false positive or a mistake, you can try to appeal, but that's a different story.
If this happened in your case, ask for a retest of your sample. If your employer for some reason doesn't believe your explanation of the positive result, and your retest comes up positive again, it's time to talk to an experienced employment lawyer about the best way to protect your rights.
Some data suggests 5% to 10% of all drug tests may result in false positives and 10% to 15% may yield false negatives. Confirm with the lab you visit that a second, confirmatory test will be performed on any positive drug test that may occur.
You can take steps to argue the findings, such as establishing why you received a false positive result. You might also ask the employer to re-test. In this post, we explain drug testing in the workplace. We consider the likelihood of false positives and their causes, depending on the type of drug test.
High doses of vitamin B2 (riboflavin) or B12 can sometimes trigger a false positive result in a urine drug test. The fluorescent properties of these vitamins can interfere with the test's readout, leading to misleading results.
Request a Retest: Ask for a retest if you believe the initial test was flawed or the results were incorrect. Your prescribing doctor can provide valuable support in this situation. Discuss the Situation: Explain the situation to your doctor and discuss the possibility that your medication caused the positive result.