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?
Criminal Defense Attorney
While you can dispute the results with the employer, there is nothing that requires them to allow you to resubmit to testing.
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Employment / Labor Attorney
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.