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View Full Version : did I get conned into taking my piss test after the fact(post industrial injury)?



healingdogdancer
10-05-2004, 03:20 AM
Hi Im a plumber by trade and a week and a half ago I cut my left forearm at work pretty darn,deep. :eek: Well I new It was to need stitches,so one of the guys I work with took me down to jobs occupational health clinic,where they stitched me up prescribed me some motrin and Keflex and realeased me back to work.I was alittle suprised that they had me go back to work,as it was such a deep cut.Lets just say I got the inside view of what lies under the skin,flesh and fat in my arm.No mention of any piss test.I was a little happy to not have to go through the humiliation and bother of pissing in a bottle.Monday morning came around and my Boss told me that the clinic said I had refused or just been unable to provid a urine sample for a postaccident workrelease test.I was twice as incredulous as on friday after the inciddent,when he instead of being sympathetic to my injury,he chewed me out like I'd done it on purpose.So Iwas taken aback and still unprepared.(I know now how I should have been prepared)Well maybe it would've been better to've refused on the grounds that three days had already transpired since the accident.I might've even passed with the first sample I'd provided if I'd realized that a strip thermometer would've done the trick. :( Well anyway the second sample was supposedly inconclusive (could that've been due to either or the Keflex or Motrin or did they have my number after the first sample was to cool to submit),and they shipped it ofF to a lab in Arizona I was told,so it held me from being able to work for a week andahalf,at which time I was terminated for a dirty test. :( Well this bit has educated me to what steps you should to protect yourself I think,(including maybe its time to get off my duff, and get a doctors reccomendation to treat with marijuana)but I would still like to hear of peoples other ideas and feedbackon that.The big thing I wondering if anyone thinks there is anything I can do legally,to at least squash the test results and maybe keep my job till I'm actually ready to changejobs.Although this is probobly the time to do that. :mad:

DreamsInDigital
10-12-2004, 02:43 PM
I have a hell of an experience to share. I work in a convenience store. 7 months ago, when i got the job, i passed the screen, but i was 3 weeks past my last smoking session. here i am now, being offered assistant manager, and i accepted. then the bomb came... i had to submit to another drug screen and another interview. i didn't know this before the offer was made. so i decided not to panic; perhaps the test wont take place for 2 weeks or more...red tape and all that. surprise!! it was in 4 days!! I was like 'there's no way i can pass this.!!' :(

So i got a otc detoxifier, but after taking it on the day of my test, i realized that it was only for detoxing the liver, kidney, and digestive tract. ugh! $30 wasted! but i water loaded (the only method that might pass you) and delayed the sample time of day to LATE (not morning pee, very heavy thc evidence) and went ahead with the test. Now, understand, it concerned me because the pre-employment drug test was after my interview. this was reversed in that i had to submit to a screen BEFORE the interview. So I'm already employed by this company, will a drug screen for a promotion get me fired?? Again, I decided not to panic because if i get fired, i can collect unemployment, and i'm one of their best workers, so it would make no sense to fire me. And the results are usually available wi/in 24 hrs, but it took them a whole week to tell me anything. That really unnerved me too. But if they found positive results within 24 hours, they would have had to fire me at that time if that was company policy. But they did not. As it turns out, a week after the test, I was told I had to go to my interview (meaning I passed the drug screen....how, i'll never know :)

Check the laws in your local area. This is what the internet is good for. It can tell you anything you need to know, if you're a good detective. According to the information I got, A company can only fire you if your test was the result of an accident on company premises and if you were tested at the time of the accident. It doesn't matter how long after the accident this occurred. If, as a result of the accident, you have a legal charge against you (that is, if there were police on the scene who arrested you for intox or posession) you must report it to the company. then the company can demand a screen and fire you if it's positive. At least that's how I understand it in my area of the country. There's a possibility in my case that they had no legal grounds to fire me for having thc in my pee, because of the circumstances. I may never know, as they never said "You passed the drug screen." and one should never ever ask. no news is good news. They probably decided that because i am in every way not fucked up by this drug and such a good employee, that firing me would not be a good idea, in that i probably had some proof that they did not follow procedure, and that they'd have to pay for me to sit on my ass collecting their unemployment payments for 6 months, so they'd rather have me working for them.

museikfreak65
10-12-2004, 07:11 PM
Dreams in Digital,

Most employers will have to fire if you fail a drug screen if it is required for a position good employee or not, if they were to keep you if you failed they would have to keep everyone who fails, otherwise they are subject to a lawsuit. Sound like you passed, either you loaded up right or the lab is lousy. Also most states (can't think of any who don't) will deny unemployment if you fail a drug test if it is a condition of maintaining employment. Thank good old Ronald Regan for all this crap.

museikfreak65
10-12-2004, 08:00 PM
healing dog dancer,
Call the local labor board in your state, if you have ever signed a drug agreement with the company you work for you are pretty well screwed, but call the labor board anyways you don't have to give your name and they will know the laws regarding your state, as far as the job even if you get it back they will probably find some technicality to dump you, usually how it tends to work - If you have nothing signed then you are dealing with a whole different matter - your best bet would have been to refuse to submit - you would have lost your job but there would be no record of the test. I realize this is too late to be of any good, but it might help someone else.