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Can I dispute a pre-employment drug test's results?

Melbourne, FL |

I recently took a pre-employment drug test, and the results came back positive for cocaine, subsequently costing me an excellent position and tarnishing my reputation with certain members of the business community. I take anti anxiety medicine daily, which I have a prescription for, however my test showed no "benzos" and I haven't touched cocaine since I was an undergraduate in a fraternity 4 years ago! I am feeling to ashamed to call my future employer, and I have absolutely no reason to be, but I know even though the error is on the labs part I am perceived as a guilty drug user. Do I have any recourse to demand a retest at the lab, or even from the employer?

Attorney Answers 2


  1. While you can dispute the results with the employer, there is nothing that requires them to allow you to resubmit to testing.

    Call (904) 339-5338 to schedule your free consultation and case evaluation. Please note that the answer provided above is not intended as legal advice and no attorney-client relationship results from this posting.


  2. Recourse to take a retest no. If I were you I would be forthright and speak with the employer and admit that you take anti anxiety medication and say that you believe it is a false positive. I am hoping that this is the legitimate reason and you are not hoping for a different result due to the longer absence of not taking the drug.

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