The test doesn't lie

[Kallie3006, ADN]

Quick cap- asked to do resonable susp. UDS at work, told it was positive and terminated- ( I was not on drugs, I was not impaired, I was not believed). I had a hair follicle test that came back negative. I ended up getting 1 yr random monitoring to prove I dont have an addiction or drug problem, yes I had a lawyer, yes I was upset, and no I don't care if you believe me. I had asked my employer to retest the sample they say was positive and was told no, my supervisor even went so far as to tell me, "The test doesn't lie." I was not able to get any info from the testing Co. since I didn't pay, I did not have anything else besides my negative hair follicle test until now:

I apologize to those that are tired of hearing from me.... I was able to get my original sample retested and this was what I received-

"We referred your urine to our referral lab and the results came back negative. The explaination for the difference in the two results is that referral labs have trouble with benzodiazepines in that there are over 50 different chemical formulas for the different benzo meds. This class has the highest level of false positive results, also. We have no way of further confirming the benzo benzodiazepine present so I have written a memorandum for correction and they are now officially recorded as negative test results. A memorandum for corrections has been forwarded to ***************HR Dept. I will mail a copy of this Memorandum to you also, *************.

Thank you bringing this to my attention."

Has anyone had any experience in appealing the BON decision 2 + something months into it? I cried like a baby seeing this, as the last 8+ months this has consumed me and I felt all efforts of proving my innocence had been exhausted, this was my last, " well Hockey sticks, what could it hurt," outreach to clear my name. And finally the words I have been praying to see, the words the words that may clear me from all this, the words, "Test Negative". Now I am not sure what route to take now. Do I send this to the investigator that handled my case, do I call the HR Dept and see if they are going to change my hire status and termination reason so I could use them on a job app for employment reference without fearing they will say negative things? Do I send it to my cae manager for the monitoring program?

I didn't think I would ever get this, and now I dont know which way to turn.

[oceanblue52]

Have you talked with an attorney? If I were you that would be my next step as they know the nuances of the law and how the various drug tests play into employee rights and whatnot. We cannot give legal advice per TOS but legal representation can be helpful if you are dealing with the BoN and overturning a case. *hugs* Sounds like a traumatic event and I wish you the best. Please keep us posted.

[Kallie3006, ADN]

thank you! I apologize if it seemed like I was seeking legal advice, I was trying to see if, by chance, someone has some experience with this. It's been quite the headache

[MrChicagoRN, RN]

I 2nd you consulting an attorney as your ex-employer may be more responsive to him/her.

I also wonder if you have a case for wrongful termination as it appears that they refused to confirm the test, and there are few tests that don't have the potential for false positives.

Good Luck

[1sttime]

Wrongful termination indeed- and reporting false information to the board. Talk to a lawyer.

[morte, LPN, LVN]

Wrongful termination indeed- and reporting false information to the board. Talk to a lawyer.

would it even rise to libel?

[Eric Cartman]

I second the notion of talking to a lawyer. Urine tests for drug screens have been known to show false positives occasionally, if the person is taking certain OTC medications. In a few specific examples, I've had patients test positive for PCP, but the only medication they were taking was the OTC allergy medicine, benadryl.

[amzyRN]

I had a UDS come back for PCP once (this was for pre employment). One of the prescription medicines I was taking at the time can cause false positives for PCP. They sent the same urine for more specific testing (confirmation testing) and the sample was confirmed negative. The second test they did is almost 100% accurate so it is virtually impossible to give a false positive on that test. I'm not sure why they didn't send the original sample to another lab for confirmation testing and thought that is standard procedure in positive urine drug screens.

[SororAKS, ADN, RN]

You got some good suggestions here. Go for it and keep us posted.

We believe you :)

[Lisacar130]

I used my old place of employment as a reference, even with a real positive test. I have heard that hospitals usually have a policy where they can only say dates of employment. It worked, I was able to get another hospital job (for a different hospital system).