Re: False Urine Drug Screens

False positives are possible for a number of reasons. Where you alleged

a false positive, the next question is what the testing facility did in response.

Some questions in this regard are: Were re-tests taken from you to confirm the falsity of the positive? Did you have a test performed at another facility or was this not even offerred?

Did they investigate the matter to ascertain a break in the chain of custody? Did they

modify their testing process for any identified deficiencies? What is the type of test used?

Has the facility retained records on allegations of false positives? Has a report of such false positive

reports been requested with the names of the individuals purged to protect privacy?

What claims are you bringing? Are your represented by an attorney? Was the sample in question preserved for a confirmatory test?

I presume your job is such that alco-drug testing is required. This is a BIG presumption unless you are employed in such a job that renders this

question not applicable (i.e., truck driver, police/security officer, etc.). If you are not employed in such a capacity, then the employer's rights over

requesting such a test is another area to be reviewed. Similar to this area is whether you are required to complete a "treatment program" or whether there are

other, alternate remedies available to the company. This last point obviously bears a relation to the type of job you held.

What is it that they are doing to harm your name or reputation? You should realize that if you are taking action on a defamation basis that the statute of limitations is

quite short (one year) unless you have otherwise addressed this in your pleading.

The substance of the deposition is also an area of review. What was the purpose? Who instituted it? Under what basis was it performed? What other evidence may exist and should

be discovered that may show that the deposed testimony was incorrect?

As you can see, there are alot of questions relating to your inquiry that should be reviewed by an attorney. I am available at (410) 799-9002 if you should desire to contact me on this matter.

G. Joseph Holthaus III, Attorney