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

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


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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I was in fact already in the training academy, and they do random drug testing. So practically I was already emplyee of the agency. The exact same day they did the testing , i did resigned - temporarily (had to get dental work done) - this is the procedure if you need time off for whatever reason while in the academy, and then you have to be " recycled" as they call it - start all over again. So i m considered - voluntarily resigned. Apparently LexisNexis has a contract with the agency, because they left all the decision making to the doctors working for lexisnexis - i had to explain to them over the phone for several days, giving them information about the RX, argue etc, and they came up witha final decision since its over a year old, and the label on the bottle is barely visible - they will submit results to the agency as positive, instead of "cleared". I was planning to to go back to the agency after the waiting period of 2 weeks when you resign, but now with that test results i m not eligible. Not only this but because it s a State Government Agency, they told us that once a drug test is a "fail" you are not eligible to apply for ANY State of Texas gvmt job - which actually bothers me more.

David C. Holmes

David C. Holmes


Okay. Under those facts, you may have a claim against LexisNexis and its doctors for defamation. They reported a failed drug test to the agency, even though they knew that you had a prescription. It is always a tough to win a defamation claim in the employment context, because the law provides protection for reports to prospective employers. But that is where you need to go.



thanks for your response. you ve been very helpful, Is it considered a civil lawsuit? small calim suit? Do i file it in the municipality where I live? My goal is not necessarily to get back into the same agency, but to get "cleared" by them doctors in lexisnexis, just for future employment,- as far as i was told it wont be necessarily disclosed to other agencies outside State of Texas, but not exactly sure , how lexisnexis proceed, and how other state or federal agencies do a background checks...

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