I recently took a ua/drug test at work, and it came out positive for THC (MJ). The test was taken because a pt. bit me and after an incident occurs, we are required to take a ua/drug test. When they asked me, I thought nothing of it, I had nothing to hide, so I took it. I get a call the next day, saying I have been suspended. I thought, fine, there must be a mistake because I have never inhaled/smoked or even taken any illegal substance. So I was calm.
I was called in to go to the DON's office, and she said I had tested positive for MJ. I said that there are patients on medications with THC and that is the only exposure I have had. I asked if it is possible that the lady that bit me was on any medication with THC and she really did not know. I asked for another ua and she did it. The results are pending.
She also said that I would be terminated due to the positive results (I am sure of the first test). She said that is the policy. That is fine, I understand a policy but I know I have never inhaled this substance.
I asked her for a copy of the results of the first test and she didn't know if she could get a copy or not. I don't want to sign anything/separation papers unless I have the results of the test. I have gone (the same day) to get an independent ua done.
I am devestated because I feel I am being accused of something I didn't do. I don't hang out with anyone who uses drugs, so needless to say when she said this to me, I was in disbelief. I have never failed or tested positive for a drug test.
Just did a quick google search.. All the sites I clicked on had similar criteria for test times. 5-8 min any time after that the test strips will continue to "turn colors" and can create false positives.
Agree with the above posters: if a rapid drug test is not read in a certain amount of time, the results are not valid. Leaving the test for several hours for your DON to read almost certainly guarantees false results.
I would definitely get your malpractice insurance involved in this--they can provide you with legal help to fight this, especially if there's issues with the chain-of-custody or reading practices, or if you are terminated.
Unfortunately, they can fire you for that first positive drug screen (some places don't even give a person a retest)...and it's on you to fight back.
Run this past an attorney for general advice and to allay your apprehension, but I would definitely start looking for another job. You should not have to continue working under these circumstances. Next time, you may not be so fortunate.
ok, ua came back negative. Now I am back to work. After all this, does anyone know if I can get more than 'back pay'?
That I would ask a lawyer about.
Though IMO, I'm more inclined to agree with Red Kryptonite--let the matter go and start planning your escape. I can guarantee that if you were to test positive again (false or otherwise) for anything, they're not going to give you another do-over.
The same thing happened to me! But the test said I had taken methadone....I was beyond my self; I could not believe this was happening to me. It was like I was in a movie or something like that; surreal.
I got a lawyer and come to find out when testing my urine the computer had a glitch and defaulted and tested my urine for 100 different drugs. It cost me but I won, the amount of methadone the computer said I had in my system would have rendered a elephant unconscious.
It was ruled an error and they had to hire me back and give me back pay with compensation for the misery they put me through. It took a year and we settled out of court. When you hear that bull that the urine test are proof positive just give me a call :).
If you really didn't have thc than fight it! In the end, the truth wins.
NurseQT
344 Posts
Just did a quick google search.. All the sites I clicked on had similar criteria for test times. 5-8 min any time after that the test strips will continue to "turn colors" and can create false positives.