Was my drug test properly administered? Need Help!!

[halfdead]

I have worked many jobs my entire life, but my career began about 10 years ago. When I started my career I was making $26K a year and worked my way up through hard work and effort to $70K year. Recently I took a new job much closer to home because I was commuting 140 miles round trip everyday to work. The company that hired me loved my experience and couldn't wait to get me started. At the pre employment phase I was very wary of drug testing. I signed a paper to allow a background, credit, and drug screen check. My new employer told me that all I needed to do was clear the background check and they would offer me the job. I asked if that was all that needed to happen before my being offered the job and they said yes (in hindsight I should have asked specifically about drug testing).

My background check came back clean and I got a formal offer letter from them and nowhere in the letter did it stipulate that I would need to pass a drug test to start the job. I then gave my employer two weeks notice and prepared to start my new job.

I started on a Monday and that same week on Wednesday they approached me and said that they forgot to give me a pre employment drug test and asked me to submit a sample that day (my 3rd day at the new job). I had some bullshit cleanser in case of such an emergency but as I know now those don't work unless you follow the steps to properly dilute your sample. Long story short I failed the DT for THC. I told my employer that I had indulged at a party the weekend before and that I was not a habitual user and that would gladly give another sample. They thought it over and fired me a week later.

Now I am having trouble collecting unemployment as a result and my whole financial life has gone to hell in a hand basket. My understanding of workplace drug testing is that it is either random or for cause testing that is normally done. My questions is do you think I may have any legal recourse in this matter? I could have given a clean sample days later but they did not give me the opportunity. Now I have left a $70k yr job only to get fired and have 0 income. I am risking being evicted, car repossessed, credit is shot and all that good stuff as well as having trouble filling my belly these days.

I would like to sue the living bejesus out of them but I am not sure that I have a case. Can anyone offer any insight into my situation? I would really appreciate it. I am new to the board but have studied all the methods here for passing a DT so next time there will not be an issue. Thanks in advance for your help.

halfdead Reviewed by halfdead on 02-08-2011. Was my drug test properly administered? Need Help!! I have worked many jobs my entire life, but my career began about 10 years ago. When I started my career I was making $26K a year and worked my way up through hard work and effort to $70K year. Recently I took a new job much closer to home because I was commuting 140 miles round trip everyday to work. The company that hired me loved my experience and couldn't wait to get me started. At the pre employment phase I was very wary of drug testing. I signed a paper to allow a background, credit, and Rating: 5

[BackWoodDrifter]

Are yu a legal card holder Halfdead?

BWD

[halfdead]

No I am not. I live in Pennsylvania and we don't get that option.

[BackWoodDrifter]

No I am not. I live in Pennsylvania and we don't get that option.

I think yual might be pooched they only thin I think yu could do is fight the fact they didnt require it at hire and did so afterwards and the only other thin yu could try is if the company that fired yu is not affiliated with the company yu left yu could be goin back to yur old company ifin yur still on good terms and didnt burn yur bridge leavin an be sayin some sort of story like the new job isent what yu thought it was goin to be and how much yu miss yur old job and the team yu left yu know bit of butt kissin and BSBB

Bull shit baffles brains! Yu need yur job back yu career yu got busted now its time to eat some humble pie and be kissin what butt yu need to be kissin to geter back. Its alll I got fur ya pilgrem hope yu be gettin yur train back on track my friend. Good luck.

BWD

[halfdead]

Thanks for the kind words, I really appreciate it. The first thing I did was call my old job back but the window had closed on me going back there. I didn't burn any bridges I was aware of, I always try to leave on the best terms possible. I am gettin a good taste of humble pie these days. I think I might even have a new recipe!

[BackWoodDrifter]

Thanks for the kind words, I really appreciate it. The first thing I did was call my old job back but the window had closed on me going back there. I didn't burn any bridges I was aware of, I always try to leave on the best terms possible. I am gettin a good taste of humble pie these days. I think I might even have a new recipe!

Nope this be workin fur ya my friend! This be good news baut yur old employer. If yu be leavin on good terms be gettin some letters of recommendation from them and pursue other employment have yurself a story as to why yu took a shart break from that employer or act like yual be still there and yu would appreciate if yur potential new employer didnt contact them rather use these here recommendation as yu dont want yur current employer now yu be activily lookin fur a change. if yu be accustomed to makin yur kinda money be figurn yu be a professional in yur field so findin new work with yur exsperience be easy to open new door. Just be ready for the drug test this time pilgrem yual can get back on the horse yual just need to put yur foot in the stirup. good Luck

BWD