Failed Drug Test

  1. 0
    I recently had to take a drug test at work. I came back positive for everything but cocaine and weed. I have prescriptions for everything but fentanyl. I do not know why I CAME UP POSITIVE for this drug. Has anyone ever pled not guilty in NC and not lost your license. It seems you must admit guilt to get into the second chance program.

    Thanks
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  3. 8 Comments so far...

  4. 0
    Did you ask or did you take another drug test? Has just one dirty drug test lead them to prosecute you? Were you fired for one dirty test? Need more information. As for now the best course is to consult a lawyer. One that is versed in worker's rights.
  5. 0
    I was sent a letter saying I failed. I guess I will be let go they are dragging there feet. I have not asked for the second sample to be tested. I have 90 days for that and I was thinking the longer they hold it the more chance they would lose it and need a new sample. I have stopped taking everything, pain pills for my back, anti depression meds and anxiety meds. I must admit I feel better. I was tested because I was not "acting like myself" I had just started cymbalta so I did feel flat but I still do not know why it came back pos for fentanyl 
  6. 4
    If I tested positive for anything, I would certainly request a new test immediately. You are waiting, hoping that they "lose" it? Really! Please for goodness sake go ahead and request a repeat test unless you have something to hide.
  7. 2
    Quote from rrrrkk
    I was sent a letter saying I failed. I guess I will be let go they are dragging there feet. I have not asked for the second sample to be tested. I have 90 days for that and I was thinking the longer they hold it the more chance they would lose it and need a new sample. I have stopped taking everything, pain pills for my back, anti depression meds and anxiety meds. I must admit I feel better. I was tested because I was not "acting like myself" I had just started cymbalta so I did feel flat but I still do not know why it came back pos for fentanyl 
    Don't stop taking your pills. Lawyer time. Don't go through this thing alone. Ask your doctor for note stating that is Medically necessarily that you have these pills then demand a new test. the company at which you worked might be dragging it's heels because it knows the test was incorrect, they don't want a law suit. But consult a lawyer anyhow.
    VivaLasViejas and mimivn2009 like this.
  8. 3
    Yes, get a lawyer and sue everyone and their mother. The company is probably dragging their feet because they are waiting to see if you use the "I have a problem" card. I'm not saying you do or don't have a problem, but the situation the company is in is that drug addiction is a disability and by firing you they can run into issues with the American Disability Act.

    The one part I'm confused about is the fentanyl. You say you have a prescription for everything but that. So do you take fentanyl? Or did the drug test just come back positive for opioids?
    paddler, Not_A_Hat_Person, and Merlyn like this.
  9. 0
    Was this a urine test, blood test, hair test, or something else? Have you offerred to take a more comprehensive test?
  10. 0
    Quote from Merlyn
    Don't stop taking your pills. Lawyer time. Don't go through this thing alone. Ask your doctor for note stating that is Medically necessarily that you have these pills then demand a new test. the company at which you worked might be dragging it's heels because it knows the test was incorrect, they don't want a law suit. But consult a lawyer anyhow.
    Employers aren't required to allow the use of a prescription drug based on a Doctor's note stating it's medically necessary. Employers can limit the use of prescription drug in the workplace (google Dura vs EEOC), so I'd check you're company's policies.
  11. 0
    Quote from ckh23
    Yes, get a lawyer and sue everyone and their mother. The company is probably dragging their feet because they are waiting to see if you use the "I have a problem" card. I'm not saying you do or don't have a problem, but the situation the company is in is that drug addiction is a disability and by firing you they can run into issues with the American Disability Act.

    The one part I'm confused about is the fentanyl. You say you have a prescription for everything but that. So do you take fentanyl? Or did the drug test just come back positive for opioids?
    Under the new definitions of "disabled" that resulted from the Dura case, drug addiction might count as a disability, but employers are not required to accommodate all disabilities, only to make reasonable accommodations, which would not include allowing for drug abuse.


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