Texas Sample Letter for Response to a Positive Drug Test - Employer

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Sample Letter for Response to a Positive Drug Test - Employer

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FAQ

4 Ways to Dispute a False Positive Drug Test While On ProbationAsk for a repeat test as soon as possible.Reveal the substances you have been taking that might have caused inaccurate result.Request a more advanced method of testing for verification.Get assistance from your union or a private attorney.

Failing a Drug Test While Employed in Texas They may also make decisions on a case-by-case basis. You may lose your job. Or, your employer may require you to take a second test so you can prove that you cleaned up your act. Other employers will subject the employee to an education or rehab program with a deadline.

For most workers in the United States, their employer will never disclose a failed drug test. However, many government positions require this information and are permitted to seek it. If a drug test leads to a criminal conviction, the information is public record and may be easily found by an employer.

Drug tests generally produce false-positive results in 5% to 10% of cases and false negatives in 10% to 15% of cases, new research shows.

So, what happens if you fail a drug test? Well, you may get suspended, demoted, or even terminated from employment. It is entirely at your employer's discretion to decide what disciplinary action to take. Some state laws prohibit employers from firing an employee for a first-time positive drug test.

In the event of a violation, the employee must immediately be removed from all safety-sensitive functions and is required to success- fully complete the evaluation and rehabilitation process in order to return to safety-sensitive duty for the current or future employer.

If the test results in a positive reading, meaning there is drug residue in the body, the results are forwarded to a medical review officer, who reviews the results and looks for any possible valid medical explanation for the results.

Several of these medications for mental disorders can lead to false positive tests. Quetiapine, which treats schizophrenia and bipolar disorder, can wrongly show that you have methadone in your urine. Another antipsychotic -- chlorpromazine -- can cause drug tests to come up positive for amphetamine, a stimulant.

Urine drug screens are the most common test, although other body fluids may be analyzed as well. Many commonly used substances can trigger a false-positive test result. If you're certain that the result is false, immediately take action and dispute false-positive results.

Failing a drug test in California means that an employer can legally deny you employment, or terminate your employment depending on the conditions of your hiring. Once you have been hired, the employer may choose to continue your employment but decline to promote you until you pass the next series of drug tests.

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Texas Sample Letter for Response to a Positive Drug Test - Employer