Mirror of Justice - All about Law and More
*Home>>>Employment Law

What do you do if you fail a drug test, when you have not done any drugs? May I take legal action?


I live in St Petersburg, Fl- There was a great employment opportunity available here at the Home Shopping Network. I went to HSN for the Interview, I was told I was the perfect fit, and the position was awarded to me on the spot ....per passing the drug screen. I made an appointment for my drug test- #Then 2 days after I took the test I get a call from the lab- A woman who barely spoke English and was difficult to communicate with told me that I failed the test and that they found Meth Amphetamine in my system! Ok- Now I am not an angel- I tried pot in the 90's, but that is the extent of my drug history. Something like meth amphetamine is so foreign to me- I told the lab it was a mistake- they asked if I had been on any prescription RX....I had not been- I work out a lot but... the only supplement I was taking was Phosphogen (creatine)- I immediately contacted HSN- Told them it had to be an error- They were extremely unwilling to hear the truth that is was a mistake on THEIR part..... They told me I can re-apply in 90 days. It has been 1 year - I reapply every 90 days, however they never contact me back. Obviously I am flagged. I feel victimized- frustrated- and it seems that there is no way to challenge their findings when I know that without a doubt they are mistaken. Do I have any recourse whatsoever- And if this has happened to me, it must happen to thousands of others....have any laws been passed?

The thing to do back then would have been getting another test immediately, preferably from a different lab, to show that the first lab made a mistake.

In theory, you would be able to sue the lab for negligence, damage to your reputation, and loss of an employment opportunity. However, the burden of proof lies on the plaintiff. Now that it has been a year, it is impossible to prove what you did or did not take when the test was administered.

Tags
  Health Care Law   General Civil Litigation   Family Law   Estates Law   Environmental Law   Entertainment Law   Employment Law   Elder Law   Education Law   DUI Law   Drunk Driving Law   Divorce Law
Related information
  • What to do if unjustifiably accused of having drinking problem?

    Actually, a manager can get fired for suspecting you, and you passing a drug test, if he does it more than once. Just tell HR you think you are being targeted for termination by him/her, but only ...

  • Please HELP, I need advice...?

    Yes get the restaraining order if u have proof that he is a threat to u. also let your Human resource manager or boss know about him so they will be careful not to employ him. even if they give him...

  • A teacher is using my childs personal file for her personal use is this right?

    How did she garnish your wages so quickly? A court order is necessary. I would definitely speak to the school superintendent if you haven't already, and voice your concerns. A teacher is ...

  • Can i leave a previous employer off my application?

    No law prohibits it, but if a new employer finds out that you lied on your application, most will fire you.

    ...
  • My son was chg w sexual assault at 17.now hes ruined 4 life what kind of job can he get.he has a baby 2care4.?

    First, a polygraph doesn't find you innocent. It's not even admissible as evidence in a trail. Second, finances have nothing to do with whether or not a case goes to trial. That'...

  • Is this Defamation? Liable?

    Yes it is defamation. You never ever do that with references. If you don't have anything nice to say, don't say anything at all. Apparently he missed that particular HR seminar. May...

  • Should I seek legal Aid?

    You have a right to submit your bills, and they have the right to deny you. It may not exactly help you in this incident, but for future reference: 1-Most phones have a camera now a days snap a f...

  • Can former employer/landlord evict me? ........................... PLEASE NO DUMB ANSWERS THIS IS VERY SERIOUS?

    If your lease doesn't state that your employment with them is necessary to continue the discount, then they can't revoke it while the lease is in force. In order to evict you, they wil...

  •  

    AD Service--Categories--Copyright/IP Policy--Contact Webmaster