Quick Answer: Can You Fight A Positive Drug Test?

How long does it take to get a drug screen back?

Drug test results typically take 24 to 48 hours, depending on the type of test being performed (e.g., urine, hair or DOT)..

What do you do if you have a false positive drug test?

If you have any questions about false positive substance results from a test, speak with a medical professional. Let the medical professional administering the screening know if you are taking any of these medications. If you experience what you believe to be a false positive, request a second drug screening test.

Can a lab detect a false positive?

False-Positive Results. In some cases, a drug test may report the presence of illicit drugs, although none were taken. While this is not common, no test is 100% accurate. Lab errors account for some of the mistakes, but most false-positives may be attributed to over-the-counter drugs and foods that can affect the test.

Can you say no to a drug test?

You have the right to refuse a drug test, and the employer has the right to refuse you a job on that basis. State laws may impose some procedural rules on how an employer tests. For example, the employer may have to use a certified laboratory or give you an opportunity to explain a positive result.

Can you quit before a drug test?

As an employee, you can always refuse to take a workplace drug test. But, if you are fired because of your refusal, you may have little recourse. (In fact, in some states, you might be denied unemployment benefits if you are fired for refusing to take a drug test.)

Can you retest a drug test?

It’s also possible there was simply a mistake on the first test. A common drug testing protocol is to divide the test sample into two portions, testing one immediately and saving the other for a retest, in case of a contested positive result. If this happened in your case, ask for a retest of your sample.

What is a good excuse for failing a drug test?

Top 10 Most Creative Reasons for FAILED Drug Tests [2016]“I was at a party over the weekend – can I retest later?”“I didn’t know the brownies I ate were laced with pot!”“I took some elephant tranquilizers. … “It must have been the tea that my wife gave me last night.”“My dentist gave me cocaine for my sore tooth.”More items…•

What do employers look for in a drug test?

A typical urine drug test for employment purposes screens for drugs including amphetamines, cocaine, marijuana, methamphetamines, opiates, nicotine, and alcohol. Urine tests may be required as part of pre-employment screening or may be conducted randomly by employers, especially for employees in certain occupations.

What drug test is most common for pre employment?

Urinalysis – A urine test is the most common form of pre-employment testing and is typically conducted once a conditional offer of employment has been sent. A urine test can show traces of drug use even after the effects of the drug has worn off and remain in the body for an extended period of time.

What if drug test is positive?

If your results are positive, it means one or more drugs were found in your body above an established level. However, false positives can happen. So if your first test shows that you have drugs in your system, you will have further testing to figure out whether or not you are actually taking a certain drug or drugs.

Can I sue for a false positive drug test?

Drug testing laboratories have, until recently, been largely unaccountable for erroneous test results. In recent years, however, lab have increasingly been taken to court and found liable for damages. Many cases of drug testing laboratories successfully being sued are related to termination of employment.

What happens if you test positive on a pre employment drug test?

If the test results in a positive reading, meaning there is drug residue in the body, the results are forwarded to a medical review officer, who reviews the results and looks for any possible valid medical explanation for the results.

Can I still get hired if I fail a drug test?

There are also state-law differences regarding the steps employees must take when someone fails a drug test. … If an employer makes a job offer contingent on passing a drug test, the offer can generally be rescinded if the applicant tests positive. There may be more steps employers must follow for current employees.

Does a positive drug test stay in your record?

According to the Equal Employment Opportunity Commission (EEOC), “if the results of a drug test reveal the presence of a lawfully prescribed drug or other medical information, such information must be treated as a confidential medical record.” As a best practice, all drug test results should be filed in a confidential …

Can you appeal a failed drug test?

The right to appeal a drug test varies from state to state. If an employee believes a drug test was faulty, some states give them the right to contest the results. If granted that right, they must appeal within a certain time frame.

Can an employer tell another employer you failed a drug test?

In summary, test results and other PHI from a drug test should not be disclosed to another employer or to a third-party individual, government agency, or private organization without the prior written authorization of the person tested.