Job Rescinded wrongfully

[theswy5]

What is the name of your state (only U.S. law)? WA I was offered a job by a large company on Oct 5 2009 and was told to do a number of things for a background check. On Oct 7 I went and did a Drug Screen. I was contacted the next day by HR and was told that I did not pass this test. I could not believe it! I have never done an illegal drug in my life and this was a very devastating thing for me to deal with. It turns out that it was a false result and was an error by the Drug testing company. This was told to me by the owner of the Drug testing company. I called on it immediately and found out the truth but unfortunately had to wait for the company to call on my behalf. They cannot release any information to the candidate only the hiring company. I was told it was a matter of the local drug company simply faxing an affidavit to the Testing lab stating what had happened. The company failed to do their part and did not get it cleared until 50 days later. Yes 50 days, therefore making me lose out on the position. This was of no error of mine. What are my rights? Is it the drug company or the fault of the lack of fixing it on the hiring companys fault? This is just wrong. I have lost out on over a months pay and benefits for myself and my family. Do I have any legal standing?

 

[JETX]

What are my rights?

Your 'rights' are to ask the drug testing company for a refund of any costs YOU PAID.
Oh, that's right... you didn't pay anything.

Is it the drug company or the fault of the lack of fixing it on the hiring companys fault?

Not really clear. You said "The company failed to do their part and did not get it cleared until 50 days later." but didn't state WHICH 'company'.
If you mean the potential employer, they have no obligation to correct anything. If you mean the testing lab, it does sound like they might have some blame.... but that doesn't mean liability.
Crap happens in life... and not everything is actionable.

I have lost out on over a months pay and benefits for myself and my family.

Not true. You have to have WORKED to get paid... and though there is an ASSUMPTION that you might have gotten the job absent the test result, there is no PROOF that you actually would have gotten the job.... or that you would have lasted the full 'month'.

Do I have any legal standing?

Yes.... but no case.

 

[theswy5]

Actually it is the fault of the Drug Company AND the Hiring company. Both failed to do their part. The job offer was legal and in writing. All parts of the background check were passed. The actual hiring Companys HR rep did not follow through with contacting the Drug company to get this cleared.

 

[Proserpina]

Actually it is the fault of the Drug Company AND the Hiring company. Both failed to do their part. The job offer was legal and in writing. All parts of the background check were passed. The actual hiring Companys HR rep did not follow through with contacting the Drug company to get this cleared.

Please re-read what JETX wrote.

 

[theswy5]

I spoke with a workers rights attorney. So thanks anyway!!

 

[Proserpina]

I spoke with a workers rights attorney. So thanks anyway!!

What, since 7pm tonight?! How much is this attorney asking for up front?