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What can I do about a false positive drug test I had for part of my job application?

Nashua, NH |

Hello, I am very upset as I had a job interview, I was basically hired for the job.. They sent me for a physical and part of this involved a urine sample for drug screening. This was the least of my worries since I do not do drugs, but I was informed that the test showed positive for marijuana.. The people at the place that examined it were sort of rude when I asked how I could show positive when I don't smoke it and asked what my options were.
I am quite upset as I have been out of work and have not received any unemployment due to some ridiculous issues with my claim, I am basically about to lose everything I have, I am totally broke here now and can't afford doctor visits etc..

Attorney Answers 3

  1. If, in fact, you have not used marijuana, you should write a letter to your prospective employer offering to immediately retake the drug test at your own expense. This may not save your job offer; however, it is better than allowing a potential opportunity pass-you-by. Good luck.

    I am licensed to practice law in New Hampshire and Massachusetts. This response is based on limited information, is general in nature, does not constitute legal advice, is intended for educational purposes only, and does not create an attorney-client relationship. In short, I am not your lawyer just because I responded to your post. You should not rely on any advise given on AVVO. Rather, if you have a specific legal question or problem, you should retain a lawyer licensed in your state to answer or address your legal question or problem. IRS Circular 230 Notice: Any U.S. tax advice contained in this post is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

  2. I agree with Mark Dell'Orfano's answer, and would only add that if you have some sort of medical condition or are taking some sort of medication that may cause you to have a false positive on the drug test, you should make sure that you document this clearly and provide a letter from your physician. You may also want to take another kind of test, like a hair follicle test, instead.

    The information provided herein should not be considered legal advice, and is provided for informational and discussion purposes only. No warranties, express or implied, about the accuracy of this information are given. No attorney-client relationship is created through this communication. You should always seek the advice of an experienced attorney and not rely on what people on the Internet, whether they are attorneys or not, tell you for informational purposes. If you're interested in retaining my services, please contact me at 516-308-2480.

  3. I agree with the prior responses. I would also add that it would likely be worth meeting with an attorney to review and advise you on your unemployment claim to see if you can get this back on track.

    Disclaimer: This response is offered for educational purpose only. This response in no way creates an attorney-client relationship between Anna Goulet Zimmerman/Law Office of Manning & Zimmerman, PLLC and the recipient. Responses are general in nature and should not be relied upon as legal advice. The response given is based upon the limited facts provided, and could be different if additional facts were known.

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