Is it illegal to substitute urine on an employer's post accident drug test in New York state?

Asked over 1 year ago - Middletown, NY

I was the victim of an accident at work, someone hit ME, we were both drug tested and I showed a positive for THC. The guy who hit me passed. They told me I was suspended pending a laboratory follow up test of the same urine I gave that day. Today they called me and told me they "spilled my sample" and needed another. I have no reason to believe I will pass so I am thinking of smuggling in urine. Is this illegal? I am not trying to claim that I was hurt or collect workmen's comp, I just want to keep my job.

Additionally, they tested me post-accident with the door to the bathroom open-- is that legal?

Additional information

Oh, and probably most importantly, it is a private company. I am not a government employee. I work in a warehouse, albeit a dangerous one...

Attorney answers (4)

  1. Daniel Christopher Knauth

    Contributor Level 12


    Lawyers agree

    Answered . You will not find any lawyer on this forum who is going to advise you to cheat on a urine test, regardless of whether you can be prosecuted for it. In terms of whether they can leave the door open, that sounds like a necessary measure designed to prevent exactly what you are contemplating.

    Feel free to contact me if you want. Dan Knauth // 212-317-1200. Answers to questions... more
  2. John M. Cromwell


    Contributor Level 15


    Lawyers agree

    Answered . It may be forgery if you are required to sign anything in connection with your urine sample. However, it is clearly unethical, and as others have stated you are posting on a public forum. Under no circumstances should you do this.

  3. Joseph A Lo Piccolo

    Contributor Level 20


    Lawyers agree

    Answered . You should not do this under any circumstances. As for what is illegal and legal, it depends on your employee contract etc...

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  4. Matisyahu Wolfberg

    Contributor Level 11


    Lawyers agree

    Answered . It sounds like you would benefit from an in person consultation with an attorney.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] I am licensed to practice law in the States of New York and New Jersey. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship. Please speak with a local attorney to discuss your potential legal issue

    Matisyahu Wolfberg
    NY Traffic Ticket Defense Attorney

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