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    Home»Law»Steps To Take If You Are Wrongfully Accused Of Failing A Drug Test At Work
    Law

    Steps To Take If You Are Wrongfully Accused Of Failing A Drug Test At Work

    Benjamin WhiteBy Benjamin WhiteJune 28, 2024

    Failing a drug test at work can be a stressful and potentially career-threatening event, especially if you believe the result is a false positive. Here are the steps you should take if you wrongfully fail a drug test:

    Stay Calm and Collect Your Thoughts

    The first step is to remain calm. Reacting emotionally can worsen the situation. Take a deep breath and think clearly about your next steps. Gather all relevant information about the test, including the date, the testing facility, and any medications or substances you have recently consumed.

    Request a Retest

    Immediately ask for a retest. Most employers have protocols in place for handling disputed drug test results. A second test can confirm whether the initial result was accurate. Ensure the retest is conducted as soon as possible to avoid any further complications.

    Review Your Rights and Company Policy

    Familiarize yourself with your company’s drug testing policy and your rights as an employee. Your employee handbook should outline the procedures for drug testing and the steps to take if you dispute a result. Knowing your rights can help you navigate the situation more effectively.

    Provide Documentation of Prescriptions or Medical Conditions

    If you are taking any prescription medications or have any medical conditions that could have affected the test result, gather documentation to support your case. Provide this information to your employer and the testing facility. Some medications can cause false positives, and having proof can help clarify the situation.

    Consult a Medical Review Officer (MRO)

    A Medical Review Officer is a licensed physician who reviews drug test results and can determine whether a positive result was caused by legitimate medical reasons. Request that your test results be reviewed by an MRO. The MRO can evaluate your prescriptions and any other relevant information to ensure the test result is interpreted correctly.

    Ask for a Different Type of Test

    If the initial test was a urine test, you might request a different type of test, such as a hair or blood test. These tests can provide more accurate results and might not be influenced by the same factors that caused the false positive.

    Keep Detailed Records

    Document everything related to the drug test, including communications with your employer and the testing facility, copies of your prescriptions, and any other relevant information. Keeping thorough records can help you build a case if you need to challenge the result further.

    Seek Legal Advice

    If the issue is not resolved to your satisfaction through internal company channels, consider consulting a lawyer. The drug defense lawyers in West Chester note that an attorney can advise you on your rights and help you navigate any potential legal action. They can also assist in drafting any necessary correspondence with your employer.

    Protect Your Job and Reputation

    While addressing the drug test result, take steps to protect your job and professional reputation. Communicate clearly and professionally with your employer, and continue to fulfill your job responsibilities to the best of your ability. If your employer places you on suspension, follow their guidelines and maintain a positive attitude.

    Explore External Testing Facilities

    Consider getting tested at an independent, accredited laboratory. An external test can provide additional evidence to support your claim of a false positive. Make sure the testing facility is reputable and follows strict protocols to ensure the accuracy of the results.

    Prepare for Possible Consequences

    Despite your best efforts, there may still be repercussions. Be prepared for the possibility that your employer might take disciplinary action. Understand your options, such as appealing the decision or seeking other employment opportunities.

    Being wrongfully accused of failing a drug test at work is a serious matter, but it can be managed with a calm and methodical approach. By following these steps, you can challenge the false positive and protect your career. Remaining informed about your rights and the potential causes of false positives can also help prevent future issues.

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