What are the chances of winning a lawsuit against LexisNexis for a questionable drug test results?

Asked over 1 year ago - Dallas, TX

I was tested for a gvmt job through LexisNexis. Came out positive for Xanax. It was prescribed to me a couple of years ago for occasional use. I sent their doctor the requested information - RX number, Refill date, and pharmacy contact number,. but since the medication was sold over a year ago, they requested to see the bottle too, which sticker is very worn out , and you can't really see anything on it. So they decided that they do not have enough information to clear me, and failed me. this is a gvmt. job for state of Texas, and according to state's policy - you fail a drug test for ANY State of Texas agency - you are permanently DQ-ed for working for the State ever. I really haven't done anything illegal and feel that i am a victim of injustice. Can I accomplish anything with a lawsuit

Attorney answers (1)

  1. David C. Holmes

    Contributor Level 13

    1

    Lawyer agrees

    Answered . It's not clear what was happening here. You say that you were applying for a government job, but you also say that you were tested by LexisNexis, which is a private business. You say that you want to sue LexisNexis, but your real concern is that you are permanently disqualified for state government jobs. I don't understand your facts well enough to answer this question. If you were applying for a government job, then there ought to be some way that you can make an administrative appeal. If there isn't, then you may have a due process claim of some sort. If you were applying for a job as a government contractor through LexisNexis, then you don't have a lot of rights, but the drug test shouldn't affect future applications with the government.

    You need to talk to an employment lawyer and go through your specific circumstances.

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