I failed

I took a random drug test for my job on Monday January 28, 2008. On Wednesday January 30 the test came back positive for marijuana. I called my supervisor that told me that it is automatic dismissal. I asked to retake the test, and was told no. I contacted a local attorney who advised me to go to the nearest lab, a one different from the lab I had taken the first test, to be retested. I went the same day I got the news, and retook the drug test, which came back negative. I am so angry and want to take some legal action. I am not sure I even want that job any more due to the fact I feel like criminal. I am a 49 year old divorced women living with my mother. I just am wondering if I can take action against the company for putting me through this hell.
I never was personally touch by the war on drugs. I am a veteran of the United States Army, mother of a 22 year old successful daughter who is in her last year at University of Florida with her bachelor's in history. I was married for 24 years and have been divorced for now 5 years. I am telling you this because I see myself as a typically American. You dig a little deeper and you come to find out, I am not average in health and in my new marriage.

I have two incurable illnesses, diabetes and Multiple sclerosis, high blood pressure and depression. I would think this is a company's worst nightmare. In the 15 months I was employed with the company I only had one sick day. Not too bad I think. I am also married to a Egyptian Muslim, one of my supervisor's son is in the Iraqi war. My husband is working in Kuwait at this time, could this be a problem?

To be honest it doesn't matter anymore, the damage has been done, and I have been painted with a brush, a drug user. What I want now, is to protect myself, and cling to any rights I still have left. I have a good lawyer, who is going to help me with the exit interview, and make sure they are staying within the guidelines of confidentiality. I know that the lab that took the specimen did violate my confidentiality while holding a conversation with my employer for the waiting room to hear. My co-worker stated to me she was shocked and almost said something about it. I at least deserve what little rights I still have.
I am going to fuck with them all the way, they will have to run to make sure they did everything within the law.

I have been reading about ton's of people being put in prison for marijuana but child predators are walking among us. :confused:This is almost like living in Nuremberg Germany with Hitler. :cursing: I think if enough people start to raise hell over failed drug tests, make the company spend $$$$$$$$$, just making them cover their tracks, the company one day may get tired of the whole thing. I will now be working with people on the front lines of this sad needless war. :420thought:

I'm sorry to hear that. Was the first positive result a fluke? Or did you tamper with the second result to get a negative? If they broke confidentiality laws you should still be able to keep your job (if they broke any laws, in fact). Mind if I ask what company this is?

Probably your ownly basis for a lawsuit is if you can prove the UA was done improperly. If the drug tech didn't follow normal guide lines then you might have recourse.
One of the problems is businesses can fire people for any reason they want as long as it doesn't violate someones civil rights.

Slavetopot, was this your first time testing positive under this employer?

Many states have labor laws that prohibit employers from discharging employees on a first-time positive without offering some sort of Employee Assistance Program first. This does not apply to employees whose test results came back adulterated or substituted though.

Of course if the employee refuses to participate in EAP, then the employer is entitled to terminate the employee.

I am gonna make them run around to prove that they did it the right way, I am not in it to win, I am in it to make them spend money on useless bullshit, fighting me. If enough of us raise enough hell, they will get tired of this so called drug testing. :hippy:

Sorry I didn't see the question, yes this is the third test I have had all in just 15 months of employment. My co-worker has worked there for over 5 years and she has only had two. Just seems funny that my name keeps coming up. Yes I tested negative for the other two tests, this is the only thing they have on me. I just had my review and it was very good, which I gave to my lawyer, so they can't say my behavior was off. STICKING TO THE MAN ANYWAY I CAN.:thumbsup: