Looking for the needle in the haystack

[kallie3006]

What is the name of your state (only U.S. law)? Texas

I was terminated from my position for violation of the zero tolerance policy. I understand I am in an at will state and I was not in a written contract. I was asked to give a probable cause sample after my shift at the hospital, which I had no problem doing. They had an outside facility come in for the drug screen, this person asked about any medications ect, put the blue dye in the toilet and then I had to provide my sample under direct observation. While gathering my things in the hall, the lab employee asked me to watch as she put the sticker across the specimen, and then I was told I could leave. I was not offered transportation and the police was not called. I was also not pulled from the floor and finished my care and report on my patients before the house supervisor said anything to me. That was Sunday, and on Friday I was informed by my boss that my sample was positive for 2 substances. I immediately asked them to retest the sample, provide a different sample, and take a polygraph and was denied everything, told the tests don't lie and I would be reported to the Board of Nurses. I asked for a copy of the test and I did not recieve a response to that request. Given the time lapse between the original test and disclosure of the results, I did not have another 10 panal UA completed, instead I had a 10 panal hair follicle so the accused time frame would be covered, and those results were negative. I believe that future job prospects have been tainted with this being released to them, but that's not anything I can prove. I have done so much googling on this that Ive learned ways to achieve different results per search, but unfortunately the internet isn't the most honest source for this situation. I have since read over the policies that was in place and had some questions on them. My hope is that I will be able to prove my innocence, have the investigation of my license completed and clean, and somehow repair my name and any damages to my reputation this falsely conveyed. I have also filed for unemployment and have appealled the first denial.

If the policy states: POLICY: 1. Central files of employee records will be maintained in the Human Resources department. All employee records will be treated with confidentiality and access to the information will be limited to those persons, normally leadership, required to have the information. 2. Human Resources will be responsible for releasing any personnel information. Supervisors may not disclose any references or personnel information to others. Any request for information should be forwarded to Human Resources for handling. 3. Information regarding individual salaries will be released to prospective employers, mortgage companies, etc. only with written consent of the employee. 4. Without written release from the employee, only dates of employment and job title will be released to prospective employers. 5. Personnel file information will be released only upon receipt of a court-approved subpoena. Other legal requests will only be considered with written authorization by the employee or ex-employee. Does this have to be followed in a case like mine? I requested a repeat test and was denied this, but I have read that after notification of the test results ( I ) have x amount of time to request a retest on the sample with financial responsibility falling on me. Was I legally entitled to have this request granted, or is it employer discretion? With me not previously attempting to alter the test sample was direct observation justified or was it an invasion of privacy? If the previous facility included GC/MS testing, does the MRO have to contact me before releasing the results? Was the collection employee supposed to ask me the medicine list or is this a HIPAA violation? Can the testing company just go by word of staff or should they have gotten ID confirmation? I didn't sign the tamper roof seal after placed on specimen either. The hospital policy was also not followed completely as well ( states : The Person in Charge will ensure that the associate has safe transportation home. The Local Cab company should be contacted to transport the associate home, inform the driver/company the fees are to be charged to ****, Security Department. If the associate refuses safe transportation, the Person in Charge may not try to physically stop the associate from leaving. However, Security can be contacted and the license plate of the associate’s automobile, make, model, and associate’s name should be reported to the **** Police Department once the associate leaves the parking lot.) Is it typical for an employee to be tested after the completion of shift? I have been informed that I was suspected of being impaired at work, but yet I maintained my full patient assignment all day. Wouldn't blood and/or saliva be more indicative in determined impairment at the time vs urine? They sent this into the Texas Board of Nursing so not only did I get terminated, my livelihood is going to be under attack for something I didn't do. I apologize for all the questions. Thank you for your time

 

[Chyvan]

I asked for a copy of the test and I did not recieve a response to that request.

I have also filed for unemployment and have appealled the first denial.

For you to be denied UI after the hearing, the test results will need to be admitted into evidence. You'll get your copy then, and if not, you can expect your UI to be approved.

 

[commentator]

If the policy states: POLICY: 1. Central files of employee records will be maintained in the Human Resources department. All employee records will be treated with confidentiality and access to the information will be limited to those persons, normally leadership, required to have the information. 2. Human Resources will be responsible for releasing any personnel information. Supervisors may not disclose any references or personnel information to others. Any request for information should be forwarded to Human Resources for handling. 3. Information regarding individual salaries will be released to prospective employers, mortgage companies, etc. only with written consent of the employee. 4. Without written release from the employee, only dates of employment and job title will be released to prospective employers. 5. Personnel file information will be released only upon receipt of a court-approved subpoena. Other legal requests will only be considered with written authorization by the employee or ex-employee. Does this have to be followed in a case like mine?

What, exactly are you asking for? What do you want to happen? You have been terminated, and this tells you what they are going to tell the other places that may check references on you. You may want to demand all the copies of your testing, so you can show somebody definitively that you are as innocent as you claim to be, but that's not relevant to whether it was legal for them to fire you. If they want to, they can fire you. They do not have to reinstate you if it were to be proved that it was a bad test. You have no case to sue them or get your job back.

For unemployment purposes, they'll release the information they used to fire you, but it will be revealed ONLY to you and the employer and the agency. It will not be anywhere that anyone else can get hold of it.

I'm sorry, you can try to argue and nitpick and contest results all day long, but it looks like where there's this much horse hockey piled up, there's a pony in here somewhere. It appears that they noticed you were impaired, or had some reason to suspect so, and they tested you after your shift, they decided you needed to be terminated, and they have done so.

 

[kallie3006]

I'm not wanting reinstated or wanting to sue, I was just trying to see what legal rights I have with this, I just want my name cleared and this off my employment record if possible. As I understand, since the company paid for the test, and I signed consent to release the results to them, they "own" the paperwork ect, is that correct? If a company drug tests, do they have to have the test completed with GC/MS and MRO verification, for denying unemployment? If so, is the MRO obligated to attempt to contact the donor before sending positive results to the employer? With me asking for the test to be repeated, is that at company discretion whether they will allow that or not?

If I was to of heard of this happening, I would be very skeptical on believing someone claiming the results being wrong, as I am here, so being doubted on what I am claiming, I understand where you are coming from. I have had a 10 panal hair follicle completed since my termination that is negative, as well as 2 other UDS that are negative as well. This whole thing has been a complete nightmare and I was just seeing if there was anything else I could do. It sucks being labeled something you're not and having limited resources and/or knowledge to be able to prove that is frustrating, to say the least.

Thank you for both of your responses and time with this

 

[Chyvan]

If a company drug tests, do they have to have the test completed with GC/MS and MRO verification, for denying unemployment?

The employer doesn't get to deny it, that's TWC's decisions.

From this: http://www.twc.state.tx.us/news/efte/drug_testing_in_the_workplace.html

An employer is advised to provide "documentation from a drug testing laboratory to establish than an initial test was confirmed by the Gas Chromatography/Mass Spectrometry method."

However, don't make the mistake that some claimants want to make. They want to subpoena adverse evidence. Don't! If the employer doesn't bring it/submit it for the hearing, then lucky you.

This whole thing has been a complete nightmare and I was just seeing if there was anything else I could do.

You can wait and see it through. It's just as likely that the employer is lying to you about the test results or someone made a mistake and doesn't want to fix it for fear of getting in trouble. Do you know if the employer really sent anything to the Nursing Board or did they just tell you that?

The initial TWC denial can be based on nothing but an unfounded accusation. Just wait until the hearing when the evidence must be there so that you can really see what your employer can actually do to you with proof.

 

[kallie3006]

I am being investigated now, so they did turn in the test to the board. I was not implying that the hospital could deny my unemployment claim, but rather asking since I asked to have a retest is it legal for them to deny that request?

 

[Chyvan]

I am being investigated now, so they did turn in the test to the board.

I'm not a nurse, so I don't know how the nursing board works. However, will the nursing board only investigate with test results, or will they do it with nothing more than an accusation or innuendo, "she just wasn't herself at work that night. She must have been on something."

If you don't know something for a fact, then don't guess.

Even now, you don't really know if you failed the test. You never saw the results.

 

[commentator]

From what I read here, they've got a test that is showing something, they're not just making this up.

The employer says you tested positive for two substances. Unemployment insurance generally does not deny initial claims where the employer terminated someone for drug use based on no evidence except the employer's word. People do not generally get reported to the nursing board based on acting peculiar one night. It is a rather serious matter to take away someone's nursing license, or to deny them unemployment benefits for that matter.

OP is it possible you were on something by prescription that you hadn't told them about? Have you had any prior drug use issues? Were there other on going problems with your work? From what I read, you were tested by them on a Sunday. You were not told the results of the test until the following Friday. Did you continue to work that whole week between the test and the firing? You didn't think about taking another drug screen immediately after the one done by your employer because.....?

You're right, this is a sackfull of needles here that you've pulled up, a possible bad test, possible frame up due to improper handling of test materials, etc. But frankly, if I were you, at this point, I believe I'd speak with an attorney in your local area if I thought I was being so totally set up and framed.

As we have pointed out, they do not have to have a positive drug test result to fire you legally. They can, in an at will state fire you for any reason. To get your unemployment denied, and certainly to report you to the nursing board and get your license pulled, they have to have something they're fairly secure with. As I said, what they show to unemployment will not be public record, will not be shown to anyone else but you and them, but for them to turn this information over to the nursing board, they're confident you have a problem.

 

[kallie3006]

As mentioned it is correct that I have not seen the test results, but I have recieved a denial notice from the Work Force Commission and a notice of investigation from the board, both of which state in varying terms a positive drug test. When speaking with TWC, I was told the employer would be allowed to give proof that the termination was my fault due to policy violation and I was told they did submit information and they would rule on my claim by the end of the day. Looking online, the claim has been denied and it gives a date the letter was mailed, although I have not recieved it yet. I filed an appeal the day after that posted, since the time frame for that is so short, and read that I would be able to request my records from them, which I am hoping will also include the testing information.

I was told on Tuesday that I was suspended pending the results of the test. I got the verbal results on Friday, told them that it was impossible, and was informed, "the tests don't lie". By that point I was so blindsided and ticked off, I signed my paperwork, left my badge and went to CVS and got an at home test. I took that test, Friday afternoon, and it showed tricyclic antidepressants. I did not go get a test by my doctor after finding out my "results" because there was already a 4 day lapse. After much googling, the detection window for what they said I was testing was 3-5 days, I did not believe that another UDS would hold up because it could be argueed that I was out of the detection window ect. That is why I had the hair follicle completed, since going back from the date first tested by the hospital was when I needed my proof. I was very naive about the whole ordeal and did not CYA by going and getting another test immedicately after submitted the one I did that Sunday. I don't do drugs, I was not worried about any of this, I was and still am not gulity of this accusation that is threatening my career.

The last time I have taken a prescription medication was about 3 years ago, it was a Z-Pack ( antibiotic) for a sinus infection. I take over the counter heartburn medicine, benadryl and tylenol, ibuprofen ect. That's it. I have taken other UDS since the hair follicle test, for proof to the board and an agency. The quick test I comepleted at the agency showed positive for 3 substances but after having one sent out it came back all negative. The only thing I can think of is that the test taken that day wasn't confirmed by GC/MS, but I'm not sure how to find out that information. I have not been in contact with the testing facility or my ex-employer for fear any contact would be construed against me and could negatively affect my career fate.

So that brought me here, to this forum. I happened to see it in one of the many, many, many google searches I have done trying to find the glimer of light at the end of this tunnel. I hope I was able to answer all the questions asked, and hopefully my (probably to much info) reply will help get some answers for me. Thank you all very much for you time in this.

 

[kallie3006]

I was not scheduled to work the time I was waiting for results and unable to pick-up shifts as I was told that Tuesday that I was suspended pending results. I did not get a test completed after taking this one because I was not worried about it. I was not taking or doing anything, my test should have been negative. I was naive, I did not CYA and hindsight being 20/20 there would be other actions I would have done differently. Since the results was informed to me 4 days after me testing, I had as hair follicle done because I needed solid proof covering the alleged time frame, and the results was negative.

I had had my annual eval a couple weeks prior and qualified for merit raise, as well as receiving 3 Daisy nominations around the same time. There was times I felt picked on by some individuals, but never even crossed my mind this would ever happen. I was not on any prescription medications and I don't have a history of drug or alcohol abuse.

I agree 100% that this is a serious allegation, and I don't understand why I was unable to have the sample retested. Is it common to have a request like that denied? This isn't just affecting my employment status, this is an unfounded threat on my livelihood.

I have also received my appeal package from the unemployment agency but was not provided any test results from the hospital. Do I have to specifically ask for those? They included my copy of COC and results for the hair follicle I faxed, but nothing besides a telephone summary from the HR dept. If I am supposed to provide the hospital and the unemployment info pertaining to this, wouldn't the same be done for me?

 

[commentator]

Send back the appeal material for the unemployment hearing. Say simply, "I wish to appeal this decision." In this particular case, where you maintain there is ABSOLUTELY no reason why this should be questionable, and they are going after your license, I'd talk with an attorney, immediately.

 

[kallie3006]

I'm waiting on a call back, thank you.