challenging test results in court

[hoagie420]

I just tested positive for THC and was wondering if the positive results can be challenged in court,if anyone knows let me know have worked at job half my life anf am 6 years from retirement

 

[Mutt]

You have the legal right to dispute and demand a retest for your drugs. no court should be required. If they fire you without fulfilling your demand of a retest then go to court.
Just my thought. I know in my state you have the right.

 

[Stoney Bud]

I just tested positive for THC and was wondering if the positive results can be challenged in court,if anyone knows let me know have worked at job half my life and am 6 years from retirement

Hey man, I hate to hear about your situation. You should spring for the money and go see an attorney that specializes in that field.

This is something that may affect the rest of your life. Pay a good attorney for a consultation.

Good luck to you man! Please let us all know how this works out.

Hey, even if you HAVE been smoking, that's certainly cool with all of us here. An attorney can possibly bargin your case down to some drug counceling and no firing. You'd have to chill on the weed after that, but at least you'd have your job. Most companies do that now.

 

[Zarnon]

I know that drug testing. If they used standardized tests with accepted testing procedures and have it documented you are going to have a tough row to hoe.

I agree with seeing a good attorney. You need to negotiate the best deal you have. Don't be surprised tho if he tells you your position is not so hot (again depending on if they are certified and have done the test right).

Anyways, sorry to be a bummer. I do wish you the best of luck.

 

[Mutt]

While you are setting up an appt. with an attorney here is a good read on drug testing. Goes into False positives and what system of testing and even what to do when you fail.

http://www.erowid.org/psychoactives/testing/testing_faq.shtml#3

If you are clean (and sure of it). contact the ACLU (American Civil Liberties Union) which will help you out. If you are not clean get clean and raise a huge stink about how the test was not accurate. Fight for that retirement man. You earned it.

http://www.aclu.org/

 

[bmello]

Like Zarnon said, if it is a standardized test coming from a reputable lab and what not, your best bet would be to fight for your job with a rehab program that the company will need to provide. The laws are that if you went to management of your company before a drug test and said you need help, they can't fire you and have to have a program for you. Companies now have in place an employee assistance professional to evaluate the situation and determine the right outcome. Since you are so short of retiring, I would fight whatever you can get so you can get your retirement...good luck