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

Asked 12 months ago - 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. Mark W. Dell'Orfano

    Contributor Level 10

    2

    Lawyers agree

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    Answered . 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,... more
  2. Michael Lubing

    Contributor Level 9

    2

    Lawyers agree

    1

    Answered . 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... more
  3. Anna M. Zimmerman

    Pro

    Contributor Level 13

    Answered . 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-... more

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