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Can I be denied my WC claim & unemployment for failing a post accident drug test that was given four days after my accident?

Salem, OR |

Was injured on a Thurs. Was home in bed all day fri. due to adverse reaction to tetanus shot. My employer sent instruction to have a drug test on fri. around 3:00pm, saying it needed to be done by the end of the day. My wife, who checks emails for me, received the message at 6:00pm after being finished with an appnt. (have documented proof) I went in on mon. and took the test. Test came back positive. However the cut off levels for the test ordered from employer (have copy) has a 1000 threshold before being considered positive. My test results where were around 650. The testing determination period at that level proves I was not using at my employers site, but I lost my job since their policy states you can be terminated for using drugs on site. How will this effect my WC claim & unemploye

Attorney Answers 2


  1. Don't know about WC, but I think the positive drug test is going to give you problems with your unemployment claim, even if you weren't using on site.


  2. Contact an employment attorney through AVVO to answer all of your questions. Get a free consult and discuss your issues privatly and don't continue to express them publicly in this forum.

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