Before I was hired, they told me I tested positive for Klonopin. I don't do any drugs... Is there any thing I can do?

Asked over 1 year ago - East Providence, RI

Was hired by a local nursing home, and was given a day to come in and start training. Just before that happened they called me in for a drug test. Results came back positive for Klonopin.. I don't do drugs and don't take any prescription drugs.. Do I have grounds to sue?

Attorney answers (2)

  1. John T. Longo

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . In Rhode Island, and except for certain jobs, employment related drug testing is only allowed if the employer complies with RI General Law 28-6.5-1. (Linked to below)

    One provision in that law is the employer cannot take any action against you unless the "Positive tests of urine, blood, or any other bodily fluid or tissue are confirmed by a federal certified laboratory by means of gas chromatography/mass spectrometry or technology recognized as being at least as scientifically accurate."

    I am not your attorney and I am not giving legal advice. I am giving you general information about the law. To... more
  2. Sean Patrick Lewis

    Contributor Level 17

    Answered . Grounds to sue for what? You haven't said if there were any negative implications of the test. Did they not hire you? Talk with an employment attorney in your city about this, to better understand your rights. My guess is that they didn't do anything outside their normal policies, and also might not have done the drug test in-house. Thus, they might have relied on the results from a third-party testing facility. But all of those details can come out when you talk with the employment attorney.

    Good luck!

    The above is not intended to be legal advice, but may be used for general information. Please contact an attorney... more

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