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Job rescinded based on positive drug screen for prescription drug the dr verified I was taking.

Big Spring, TX |

Was told I was not to be hired because of drug test. No med review officer contacted, was told by HR to await instructions on process for taking prescription drugs. Was never given instructions only told I was going to be passed up for failure to provide required documentation. They then told me to talk to the DR who said he felt I was maliciously withholding information from him and he did no personally see the need to resolve the situation. After asking for a written protocol for positive drug screens he agreed to talk to the prescribing physician who verified. I have a letter from that physician stating he verified information. The Dr then still reported to the HR dept that I was un hirable based on my drug screen results. HR sts im re hirable yet denies me current employment

Also requested documents from Dr office, as I was reviewing they were taken away from me and staff stated I needed the city's consent before they would release. In the file Dr has a note stating positive result but would re consider pending delivery of prescription. Asked for written policies from HR for drug screening none provided. Lab fault? med review officer? Dr maliciously reporting false information? Interfering with future employment? defamation of character ? slander?

Attorney Answers 1


Could you please clarify if you disclosed the prescription you were taking in writing prior to taking the drug test. Can you please clarify?

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No and when asked where I was supposed to do so no one could provide an answer. And now having reviewed nowhere on application, dr form, nor a place in the dr assessment sheet to prompt him to ask me or on the drug consent form.



After seeking personal md advice and reviewing policy and procedure of current city of employment drug screen company medical review officer gathers drug tests results then verifies the rx and if its verified a negative drug screen is sent to ordering physician. Hr and dr office unable to provide written protocols or procedures. Also request of med records was given and then they took away and claimed I'm not entitled to my medical records without hr consent and they have now said I must make a request through open records to see my medical records for employment

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