• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Fired Due To Negative Drug Test

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

drpepper lover

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? Oklahoma

I was recently required to take a drug test (as did all that had been in the home) for my employer as medication came up missing. Simple non DOT 10 panel. I do take medication that would flag the test. Once confirmed prescription and not above cut off levels which would indicate possible abuse, the MRO released the results to them as negative. They fired me due to,"...notified by lab that XXX was taking medication that would impose a safety risk while performing patient care." First of all, this information was obtained illegally under Title 40 Section 560 of Oklahoma state statutes. The termination letter they gave me gave a very specific and sole alledged violation of thier policy: "A person working while under the influence of a legal drug..." Yet, by their own policy definition of "under the influence or use of" is a confirmed positive drug test which they never obtained. There is nothing in the policy that they can terminate me for an inferred safety risk from an unqualified lab tech. I don't even know if it was my test they were reading off of as this mysterious statement has neither been provided to me from the lab (refused my records 3 times and has gone so far as to tell me to sue him and get out of his lab :mad: ) or my employer. There is also nothing in their policy that says I have to disclose to them if I am taking such medication. I was completely blindsided by this and feel this is absolutely unfair. Not only that, but as they are reporting me to the Board of Nursing, my license is at stake here. Any input would be greatly appreciated. :confused: :confused: :confused:
 


How was the information obtained illegally?

Questions need to be answered:

What drugs did your employer ask the testing center to test for?

What drugs were you on?

Are there any legal restrictions for RNs having to disclose being on certain meds for safety reasons? (I would imagine that there might be safety issues with a Nurse on Percocet, but I do not know where to find anything on this...)

According to OK 40-560 you have the right to review/copy your records so do follow through with that.
 

drpepper lover

Junior Member
answers

Under OK state law (Tilte 40 Section 560), ANY information given to an employer re: drug testing other than a neg or pos. is illegal . In addition, it is illegal to give information like this over the telephone. If there were any questions at all, the Medical Review Officer would have notified me to give valid explination. I don't know who said what as there is NO documentation of this at all that I have been provided with.

I was given a basic 10 panel screen. Includes illegal and "legal" (narcotic) drugs. This screen falls under Title 40 laws as opposed to 49 (DOT).

I use valium on an as needed basis, also pain med due to absessed tooth. Employer was aware of this as I have had 3 surgeries and 2 other sports related injuries and have been VERY open to them as to what I was on. I was not abusing these medications as they have a threshhold limit as to when they are required to report positive, nor did I use them at work. I was to put down medications I had prescription for which I do have many, but I had not been taking them, and I only tested positive (preliminary) for the lortab and valium. Had to be reported as neg when valid medical reason was provided to the medical review officer. And that is the ONLY paper I have been provided with was a negative drug test.

The Board of Nursing has told me that they are only involved with drug testing/reporting if I am under a board order, which I am not.

I am pursuing the lab for records, and it looks like he is going to make me get a lawyer to get those for me.

Hope that helps and thanks for any input. :)
 
I read 40-560 and did not see anything stating that the testing facility can only give a negative or postive test result to the employer. It says the testing center/reviewer/etc... cannot disclose general health, phsysical/mental condition/etc... to employer and cannot release results for drugs not requested to be tested by employer...
 

drpepper lover

Junior Member
Keep reading :)

You are right in what you are reading. But if you look at 560-C-...shall not disclose to the employer...ANY information relating to...
Then to C-2...the presence of any drug....which a medically acceptable explanation...has not been forthcoming by the applicant or employee. (not to mention the lab has changed its story yet again from first being we don't give opinions, only facts to being in compliance with the board of nursing, which I said is a crock of s**t.)

I was asked for my prescriptions, which were legally obtained by me from my dr, therefore nothing else should have been said. I know this for a fact under the new hipaa laws, and if anything at all should have been said, I should have been notified by the MRO prior to such disclosure.

Not only that, but believe me, I have picked their policy to pieces, and by thier own definition per their own policy, a confirmed positive test result will be considered "under the influence and/or using. I have the paper from the MRO. There is nothing more than a line of negatives and his signature. My sole specific reason for termination was "....working under the influence of a legal drug..." I'm sure they were acting on good faith on what the lab told them. I simply feel they should not only know their own policy better prior to handing it to me, but also know the law as well. I honestly think it was the lab ultimately responsible for this.

I only wish I had time to tell so many of the conflictinging stories that have been brought in to this by both company and lab. It is so incredibly frustrating. I have given up and handed it all to a lawyer. Thanks for the input and I will let all knows what happens.
 

drpepper lover

Junior Member
response from company

To all following what is going on. Company is offering severance pay even before lawyer contacted them. We will be drafting up our reponse tonight as we only have until Monday to let them know something. We'll see what we need to do from there. Thanks for the advise and help!! :D
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top