If you fail a drug test, with a valid prescription, and lose your job - could there be a case against the MRO?

Asked almost 2 years ago - Richmond, VA

The MRO didn't pick up that one of the Rx's could cause a positive result - instead asking if valium was taken. It had been, during a suicide attempt 6 months prior. Positive result reported to the company and termination occured. After providing documentation to the MRO and appealing the result and the termination - the MRO would not overturn the results, because of the admission of valium being taken, therefore appeal was denied with the employer. The MRO should have known that the sleeping medication would cause a positive result and never even asked about the valium. This MRO also talking to a depressed individual who has no access to any medications other than a weekly pill box. Any case at all here????

Attorney answers (1)

  1. Susan A. Wuchinich

    Contributor Level 13

    Answered . Without knowing all the details of your case, it is not possible to provide you with any guidance. I suggest that you have a consultation with an attorney who will be better able to assess your situation. Washington Metropolitan Lawyers Association and National Employment Lawyers Association are two organizations composed primarily of employment law plaintiff side attorneys. You could also go to your local bar referral service. In addition, if you are eligible, you may want to consult with a legal service organization in the area that handles such cases and provides advice and possible representation for free.

    I would not detail your situation on AVVO in this manner as this information can be accessed by others.

    This is meant as general legal information and is not to be construed as legal advice in an attorney client... more

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