Couldn't pee for drug test

[davedavalan]

What is the name of your state (only U.S. law)?Missouri. I have worked in a hospital for 20 years and recently the hospital was sold to another chain. Because of the sale, all employees have to undergo a drug screen. Today it happened and I was unable to pee. They made me stand for three hours with several others who couldn't pee while others were in and out doing their test. Very, very limited privacy. After 3 hours of standing and many comments from fellow employees about my inability to "produce", I felt so humiliated and ashamed that I just wanted to die. I told the main nurse that I suffer from paruresis and taking anxiety meds to help combat my problem. This did not matter to her at all and she said I do not have a physical condition that keeps me from peeing. I told her I have been seeing my doctor for this and again, that didn't matter to her. I offered to do a blood test and the answer was no. "It's not our policy". She made copies of all my prescriptions: (Lorazapam, Buspar, Metformin, Ziac and Simvastatin).
She said it will be up to the Medical Review Officer as what the results will be.Well, we all know that 0 urine samples equals refusal which equals a "Positive" result. Now bear in mind, these are all new folks who don't have a clue about me. I have been a dedicated employee and never miss time. I talked with our HR manager (she is not one of the new people)shortly after the 3 hour wait and explained to her my problem. She was very understanding of the situation and said she would try and figure out what needs to be done. My boss suggest that I pee for our old employee health department, but I explained to him that might not work either.. No one seems to understand this problem some of us have. I am at my wits end over this. Losing my job over this is just too much. I don't do drugs and I don't even drink. This seems so unfair. Anyone out there been in this similar situation and if anything can be done. (I also told my boss I was going to get a blood test done myself and he said not to at this point, and I made a appointment with my doctor to discuss him writing a statement about my shy bladder, although the nurse from the new company said that wouldn't help. Any advice?

 

[ajkroy]

What is the name of your state (only U.S. law)?Missouri. I have worked in a hospital for 20 years and recently the hospital was sold to another chain. Because of the sale, all employees have to undergo a drug screen. Today it happened and I was unable to pee. They made me stand for three hours with several others who couldn't pee while others were in and out doing their test. Very, very limited privacy. After 3 hours of standing and many comments from fellow employees about my inability to "produce", I felt so humiliated and ashamed that I just wanted to die. I told the main nurse that I suffer from paruresis and taking anxiety meds to help combat my problem. This did not matter to her at all and she said I do not have a physical condition that keeps me from peeing. I told her I have been seeing my doctor for this and again, that didn't matter to her. I offered to do a blood test and the answer was no. "It's not our policy". She made copies of all my prescriptions: (Lorazapam, Buspar, Metformin, Ziac and Simvastatin).
She said it will be up to the Medical Review Officer as what the results will be.Well, we all know that 0 urine samples equals refusal which equals a "Positive" result. Now bear in mind, these are all new folks who don't have a clue about me. I have been a dedicated employee and never miss time. I talked with our HR manager (she is not one of the new people)shortly after the 3 hour wait and explained to her my problem. She was very understanding of the situation and said she would try and figure out what needs to be done. My boss suggest that I pee for our old employee health department, but I explained to him that might not work either.. No one seems to understand this problem some of us have. I am at my wits end over this. Losing my job over this is just too much. I don't do drugs and I don't even drink. This seems so unfair. Anyone out there been in this similar situation and if anything can be done. (I also told my boss I was going to get a blood test done myself and he said not to at this point, and I made a appointment with my doctor to discuss him writing a statement about my shy bladder, although the nurse from the new company said that wouldn't help. Any advice?

The problem is that you have, whether intentionally or not, refused to give a sample. Blood is not a viable alternative, but hair samples can be. It is now likely too late, as you could have had time to not imbibe in most substances that would show up (if you were a user).

...were you aware that your job was on the line when you were unable to give a sample? It seems extreme, but did you offer catheterization?

 

[ajkroy]

edited to add: if you are able to give a hair sample now, particularly if you have longer hair, you can prove that you haven't just recently stopped using illicit substances. If you shave your head, they can take from your armpits or groin.

 

[commentator]

Don't get too excited over your "lack of privacy" issues, or the awful terrible humiliation you have experienced or the embarassment you suffered as a long term employee. If they come back and say you are fired, you will simply have to deal with it, as they do not have to accept even your doctor's note or statement about your "shy bladder" and accomodate you.

If your old HR can go to bat for you and offer them your willingness to do another test, particularly if they were aware of your condition before the buy out, they may be able to persuade the new people to accept your alternatives and not fire you arbitrarily. If as you say, you've been an excellent employee, they may be willing to keep you and make some exceptions. Good employees are not easy to find.

But otherwise, save all the "this is SO unfair," and "I have been such a good employee!" drama. Because it is a given, they can if they so choose in this "at will" state, fire you for your failure to give them a urine sample to test today. Even if you've always been a model employee in the past. Perhaps it won't happen. It is to be hoped that your past employers will be able to persuade the new owners to put in a good word for you to them.

Honestly, you couldn't pee even after three hours, while ingesting liquids? You are taking lots of meds that should help with this basically an anxiety disorder, but I'm sure the stressful situation was a huge factor. I agree though, think I'd be willing to get catherized in this circumstance. But really, now you'll just have to see how this works out. If you are fired, this statement from your employer might help you be approved for unemployment insurance while looking for another job.

Remember, if you are discharged and have to seek a new job, you'll probably have to deal with this issue then, as well.

 

[tranquility]

I advise you accept reality and not depend in the interstices of the law. While I have no idea of the facts. My brain screams "rubbish". Get an attorney who can make a competent claim. Beyond that, you have little to hang your hat on.

 

[commentator]

Why get an attorney when the person doesn't even know what action the employer is going to take regarding this situation?

 

[disneykid52]

Look on the bright side,,,You got paid for 3 hours for doing nothing.