legal action

I failed a drug test in August of 2011.Since then I have been on triple randoms and have been to the clinic at least 12 times for randoms.I quit using right after I failed the first time and was sent to the clinic every time on a random. Just Tuesday of this week I was sent to the clinic with my paperwork but the box for the reason was not checked off for random and the lady at the clinic called my work to see what box needed to be checked.After she spoke with my HR and my MRO they said it was a follow up and I had to be supervised and watched which means I could not sub because I started using again since New years eve. The lady at the clinic said that was the policy for a follow up as for DOT mandate and I argued that my job is not mandated through DOT nor do I have a cdl.This was a new lady and I told her the lady next to her tested me at least 10 times and it was always random. The first time I failed I had to go back to the clinic for a follow up to make sure my levels were not higher than the initial fail and was not even watched then. My question is can I take any legal action against the company or the clinic for not following protocol,because of a mistake my HR made? I will get my results by tomorrow which I know I failed and probably lose my job seeing how this was the second fail

every state is different and the regulations for business vary. if they say it's company policy then my guess is no. im no lawyer so maybe you could. well lets face
you can pretty well sue anyone for almost anything. but there are no guarantees when it comes to that kind of litigation. id say get an attorney or look into
a way to get by the test.

The company policy is a follow up after the first failed test which I did in August of 2011 not 15 months after that. I thought a supervised test was done with a man in the room making sure urine goes into the cup not cock gazing watching it go in the cup, Im not on probation or parole which I have heard they do that