Failed drug test

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Specializes in ER/Ortho.

Recently had an injury at work (allergic reaction to the flu shot while at work), and had to use workers comp. The rules say if you have an injury at work you must submit to a drug test before you leave that day. I take a prescription medication (Esgeric Plus) for migraine headaches prescribed by my Dr. It is very mild. I took one two days prior to the drug test, and told the man who tested me. I offered to fax him the label when I got home, but he said that wasn't necessary. I was supposed to go back to work, and off of workers comp tonight, but found out this morning that I am Suspended because the drug test came back positive.

HR directed me to the company who told me to peel the label, and fax it to them,and all will be well. My issue is with the word Suspended which sounds like I am in trouble. When I get them the label today will that stay on my record? Will I be paid for the day that I couldn't come in because I was suspended due to no fault?

Has this ever happened to anyone else?

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You will be fine once you send them the label. But i doubt you will get paid for the day you didnt work.

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I have worked in HR for a while but Start nursing school next semester (YAY).

It seems to be cautionary and typical. Go ahead and fax the label. Workers Comp will cover every base but you have a right to appeal if you feel it is necessary. Im not sure what state you are in so some things might be different. (Tx here).

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Specializes in ER/Ortho.

What do you mean workers comp will cover every base in regards to the suspended day?

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I meant they cover everything when investigating the "incident". Don't worry too much. It may seem daunting but it is standard.

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but the point is, she needs/wants the money that she is entitled to. The tester was wrong in not taking the info or they should have given her the opportunity to provide the info WITHOUT suspension.....especially in this day of faxing.

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Specializes in NICU, Post-partum.
Recently had an injury at work (allergic reaction to the flu shot while at work), and had to use workers comp. The rules say if you have an injury at work you must submit to a drug test before you leave that day. I take a prescription medication (Esgeric Plus) for migraine headaches prescribed by my Dr. It is very mild. I took one two days prior to the drug test, and told the man who tested me. I offered to fax him the label when I got home, but he said that wasn't necessary. I was supposed to go back to work, and off of workers comp tonight, but found out this morning that I am Suspended because the drug test came back positive.

HR directed me to the company who told me to peel the label, and fax it to them,and all will be well. My issue is with the word Suspended which sounds like I am in trouble. When I get them the label today will that stay on my record? Will I be paid for the day that I couldn't come in because I was suspended due to no fault?

Has this ever happened to anyone else?

I can tell you now that you not only have a workers comp claim but another lawsuit as well.

If you are being treated by a physician, you are legally protected by the Americans with Disabilities Act and that covers ANY illness that you are being treated for...you do not have to be legally disabled in order for the Act to protect you.

The fact that you have a prescription...at all, is not a fail and the lab was negligent in stating that it was a fail and that was why you were suspended.

I would call an attorney if I were you....pronto.

FYI: DO NOT ever peel a label off a prescription bottle again...offer to bring it in to be examined. I am shocked that they were willing to accept a fax...talk about an easy opportunity for forgery!!!!

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Specializes in Hospice / Psych / RNAC.

Oh yes; call an attorney who specializes in this type of thing. You had a right to privacy and the results should have been investigated by the drug company as to whether is was legal or not before saying anything to your work place. The drug company should have found out that is was a legal Rx therefore assigning a negative result to the findings to your employer. The drug company is at fault and the employer is never told what meds you're on except if the finding was that there was no legal Rx to back up what was in your system. As long as it's legal the employer is told nothing but that it's a negative.

You find an attorney and pursue this matter and you will be paid for that day and then some.

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Specializes in being a Credible Source.
I would call an attorney if I were you....pronto.
For one (or even a few) day's lost wages?

Even if an attorney would get involved, that's hardly the way to endear oneself to one's employer.

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OP, if it's a valid 'scrip then you've nothing to worry about regarding a "hot" test but you're probably out the lost wages - just as you would be (at least here in Cali) for the first three (as I recall) days of a work-related injury...

Unless you've got a robust contract, that is (which, unless you're in a union, you probably don't).

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Specializes in NICU, Post-partum.
For one (or even a few) day's lost wages?

Even if an attorney would get involved, that's hardly the way to endear oneself to one's employer.

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OP, if it's a valid 'scrip then you've nothing to worry about regarding a "hot" test but you're probably out the lost wages - just as you would be (at least here in Cali) for the first three (as I recall) days of a work-related injury...

Unless you've got a robust contract, that is (which, unless you're in a union, you probably don't).

Yes, because the nurse was suspended over an error and the insurmountable stress that it has caused her.

Obviously, you probaby don't have a concept of facing the possibility of losing a job when you are a major financial provider to your family...she had no idea of how things were going to turn out in the end.

I have NEVER heard of someone getting suspended from any job, heathcare or otherwise, that had a VALID prescription.

It is not about the money, it is a violation that she has the legal right to be treated and if she is taking medication in accordance to that treatment, then she never should have been suspended.

The drug company needs to be reported and sued for negligence.

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i'm not sure about getting a lawyer (yet), but you can call your dept of labor, and get info.

hope all works out for you.

leslie

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Specializes in ER/Ortho.

I am a new nurse, and really like my hospital. One days pay is not work getting fired or causing a hostile environment where I work. That being said with X-Mas coming up, and being a single parent I really did need that day.

I am waiting for the call that all is well. As an above poster said even though I have a prescription I am on pins and needles because this is my job, and I am on Suspension, that sounds very horrible to me. I have never been suspended from anything. I am embarrassed to tell my kiddo's and mom why I won't be going to work tonight. The drug parts ok because they know I am not on drugs, but the suspended part will scare them to death too.

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