Drug Test False Positive. today i took a pre-employment urine test for a new job, and they had an employee call me and tell me i failed. i knew the guy but they still couldnt tell me themselves and every time i try to ask them what the problem was they stated that they did not know what i failed for and that i just failed and that was it. i dont use drugs , i dont even take asprin. ill take 2 tylenol allergy tablets here n there b/c the pollen is very high where i live and im sure that they wont make you fail a test. im wondering if this is something that i should take legal action for becouse it seems to me that they should be able to tell me why i failed and what for. as far as i know you have to take drugs to fail a drug test so i have no clue why there has been a complication.
2 Answers from Attorneys
It's impossible to tell you what legal remedies you may have based just on what you have posted. All the facts need to be reviewed. Consult with a local attorney.
What are your damages? There is no right or entitlement to employment, so unless there was some actionable discriminatory reason you were not hired and the drug test was a pretext, you are not out anything. It is not likely the test results will go beyond this incident -- that is, unless you make a legal issue out of it and future employers see what they believe are two red flags (one, you allegedly failed a test and two, you sue when a job issue comes up).
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