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What can I do to contest a failed drug test for which I was taking prescribed medication as a result of a motorcycle accident?

Asked over 3 years ago - Honolulu, HI

Recently I applied for a job adn they asked me to take a drug test.
I failed the drug test but the drug I tested positive for was being perscribed to me by a doctor.
This was the only reason I was denied the job.
The potencial employer had already hired me, I had quit my former job and was packing to move when they called me to tell me I was no longer going to be employed.
I tried to talk to the new employer but they refused to even talk about it.
I sent them a letter with a letter from my doctor explaining that I was on a doctor prescribed drug,
I realize that an employer dosen't need a reason to fire you or not hire you but to hire me and then fire me for taking a prescribed medication (Vicodine) that I was only taking for a short time while recovering from a motorcycle injury doesnt seem fair. what if anything can be done?

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Attorney answers (1)

Diana S. Brodman Summers

Reputation Level 10

Answered over 3 years ago. Employment / Labor Attorney in Lisle, IL.

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There are many employees and potential employees who are in the same situation due to huge increase in drug testing. You did the correct thing by obtaining a doctor's note regarding the drug test. You are correct that an employer does not need a reason to fire or not hire a person and that is what you will need to fight against. I urge you to find a local employment attorney to look at your case. Depending upon the fact you MAY be able to file a suit that will reimburse you for the expenses of the move and the loss of the prior job. Your attorney may also want to consider a discrimination suit on the basis of disability (that is a reach). You may want to look at www.eeoc.gov about disability discrimination, also.

Whatever you do, keep in mind that our current court system is very pro drug testing. While you will be fighting an uphill battle, it is worth your while to let a local employment attorney look at the details for you.

EEOC

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