How do i file a lawsuit against LexisNexis in Texas?

I would like to file a lawsuit against LexisNexis fro not clearing me on a drug test, after i showed positive for xanax, provided an RX information, but they did not accept it because it was over a year old, and the medication was prescribed for occasional use. Is this going to be civil lawsuit, small claim, corporate ...? What are my chances of clearing a "drug test fail" information from any records with them?

Dallas, TX -

Attorney Answers (1)

David C. Holmes

David C. Holmes

Employment / Labor Attorney - Houston, TX
Answered

I answered your main question here:

http://www.avvo.com/legal-answers/what-are-the-...

Assuming that you were applying for a job with LexisNexis, you would be filing a civil lawsuit against the company. However, it is not clear what your grounds would be. As a private employer, LexisNexis is under no obligation to accept the information you provided and is free to make whatever determination it wants. More generally, LexisNexis was under no obligation to hire you.

It would be a different matter if you could show that your condition constituted a disability and that LexisNexis was discriminating against you on the basis of your disability. However, from the facts that you have stated, this does not appear to be the case. Consequently, you have only the limited rights of an at-will employee, which are discussed here:

http://www.davidcholmeslaw.com/blog/what-are-th...

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