A
Ariella
Guest
CO-preemployment drug testing
in the state of CO, job applicant tested positive for marijuana use. however, I do not do drugs (other than by MD direction). potential employer refuses to provide copy of test results indicating positive result and advises I cannot request a copy from the lab directly. potential employer is also advising no appeal rights whatsoever. drug testing company and employer failed to ask what prescription/otc drugs would be in my system PRIOR to administering the test. HR person claims that the flunkie at the lab advised her that there is only ONE substance that would show a "false positive" and that would be Marinol-the pill form of THC prescribed to cancer patients. all my research online shows over 65 otc medications (including ibuprofen) as well as medical conditions (such as kidney infections, from which I have suffered 2-3/year for the last 10 years) that can cause a false positive test result. when I contested the results, the HR people said that I could not take a re-test (at my expense) because it would allow additional time for the drugs to "clear" my system. all my research shows that marijuana stays in a person's system for up to 60 days, so why would 10 days make a difference? the potential employer advises that a positive drug test precludes me from applying for another position with them for over 1 year. this has cost me a job that was a significant career advancement, a HUGE pay increase (over $60K/yr) and has ruined my reputation in the industry (telecommunications). I am not a moron. if I did marijuana, why would I show up to take a drug test?
what are my rights under either Colorado or Federal law as far as appeal/retest, as well as right to review the alleged test result showing a positive result from MY BODILY FLUIDS???
Please help ASAP as I fear a "statute of limitations" oon filing for my appeal rights.
Thanks in advance for your help.
[Edited by ariella on 03-15-2001 at 01:49 PM]
in the state of CO, job applicant tested positive for marijuana use. however, I do not do drugs (other than by MD direction). potential employer refuses to provide copy of test results indicating positive result and advises I cannot request a copy from the lab directly. potential employer is also advising no appeal rights whatsoever. drug testing company and employer failed to ask what prescription/otc drugs would be in my system PRIOR to administering the test. HR person claims that the flunkie at the lab advised her that there is only ONE substance that would show a "false positive" and that would be Marinol-the pill form of THC prescribed to cancer patients. all my research online shows over 65 otc medications (including ibuprofen) as well as medical conditions (such as kidney infections, from which I have suffered 2-3/year for the last 10 years) that can cause a false positive test result. when I contested the results, the HR people said that I could not take a re-test (at my expense) because it would allow additional time for the drugs to "clear" my system. all my research shows that marijuana stays in a person's system for up to 60 days, so why would 10 days make a difference? the potential employer advises that a positive drug test precludes me from applying for another position with them for over 1 year. this has cost me a job that was a significant career advancement, a HUGE pay increase (over $60K/yr) and has ruined my reputation in the industry (telecommunications). I am not a moron. if I did marijuana, why would I show up to take a drug test?
what are my rights under either Colorado or Federal law as far as appeal/retest, as well as right to review the alleged test result showing a positive result from MY BODILY FLUIDS???
Please help ASAP as I fear a "statute of limitations" oon filing for my appeal rights.
Thanks in advance for your help.
[Edited by ariella on 03-15-2001 at 01:49 PM]