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Falsely Failed Job Drug Test by cliffw
Started on: 04-29-2004 02:41 PM
Replies: 13
Last post by: Cliff Pennock on 05-01-2004 05:31 AM
cliffw
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Report this Post04-29-2004 02:41 PM Click Here to See the Profile for cliffwSend a Private Message to cliffwDirect Link to This Post
Company would only state, " Violation of Company Policy ", would not put in writing I failed a urininalysis. Yes, lawyer.
Advice please.
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Jason Carpenter
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Report this Post04-29-2004 02:50 PM Click Here to See the Profile for Jason CarpenterSend a Private Message to Jason CarpenterDirect Link to This Post
Go to GNC and get that stuff that cleans out your system in an hour and then higher a lawer, thell put you on probation and then just clean out yourself right before you go in for your tests every month or whenever they do them.
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newfie
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Report this Post04-29-2004 03:08 PM Click Here to See the Profile for newfieSend a Private Message to newfieDirect Link to This Post
Well, my company gives the tests, if you fail you have the right to go to another doctor and get another 'more accurate' blood test to prove it wrong. That is if it is a 'false' acusation. If your trying to 'cheat' the test than the GNC stuff works. Also think this should be in OT.

[This message has been edited by newfie (edited 04-29-2004).]

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ryan.hess
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Report this Post04-29-2004 07:25 PM Click Here to See the Profile for ryan.hessSend a Private Message to ryan.hessDirect Link to This Post
Since you falsely failed, my question is this: have you done drugs in the past 4 years? If not, you can probably get a hair sample and get that tested. When it comes out clean, stick it to the company. If "maybe", take another urine test ASAP. Either way, you need to speak with a lawyer. Also, stay away from poppyseed muffins for the time being
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cliffw
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Report this Post04-29-2004 10:51 PM Click Here to See the Profile for cliffwSend a Private Message to cliffwDirect Link to This Post
 
quote
Originally posted by Jason Carpenter:

Go to GNC and get that stuff that cleans out your system in an hour and then higher a lawer, thell put you on probation and then just clean out yourself right before you go in for your tests every month or whenever they do them.

Random, Post Accident, may not have an hour.
I used to indulge. As the Bible ( I do believe ) says, " Everything in moderation ". People on drugs is not the problem, it is what some people do.
What is fair about doing heroine, cocaine, whatever and passing a drug test a week later. Smoke some weed and be scared for a month. Whatever, we deal with it.
Have you ever read the instructions on the one hour "miracle clean" ? Not sure about the GNC product but the ones I have seen say "for best results do not indulge for two days before the test" , "urinate as much as possible before the test" How many times can you piss in one hour?
I do not know how my thread started like it did. Was I edited ? "Yes a lawyer" was a responce to a reply I think.

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cliffw
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Report this Post04-29-2004 11:02 PM Click Here to See the Profile for cliffwSend a Private Message to cliffwDirect Link to This Post

cliffw

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quote
Originally posted by newfie:

my company gives the tests, if you fail you have the right to go to another doctor and get another 'more accurate' blood test to prove it wrong.

Was not advised of this right. No recourse in policy I signed. Policy lists reasons for tests. "Follow Up" is one. Expected one then requested one. Denied.

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cliffw
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Report this Post04-29-2004 11:07 PM Click Here to See the Profile for cliffwSend a Private Message to cliffwDirect Link to This Post

cliffw

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quote
Originally posted by newfie:

Also think this should be in OT.

Sorry didn't know. Can it be transfered or do I start over? Do not know how it started like this. You must be right. I had to be edited.

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Fiero31337
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Report this Post04-30-2004 01:00 AM Click Here to See the Profile for Fiero31337Send a Private Message to Fiero31337Direct Link to This Post
Find out what kind of test was administered. The most common test, called the EMIT test, is known be somewhat unreliable. A Gas Chromatography/Mass Spectrometry (GC/MS) test is far more accurate and could clear things up. You might consider getting the test done yourself and then contacting a lawyer.

This site has some good info on drug testing:
http://www.erowid.org/psychoactives/testing/testing.shtml

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cliffw
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Report this Post04-30-2004 06:44 AM Click Here to See the Profile for cliffwSend a Private Message to cliffwDirect Link to This Post
Bump
Any help from this time zone?

Meant to stay in Chat.

[This message has been edited by cliffw (edited 04-30-2004).]

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topcat
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Report this Post04-30-2004 07:49 AM Click Here to See the Profile for topcatSend a Private Message to topcatDirect Link to This Post
Okay, I will chime in. You can get a lawyer, however if you used in violation of the companies policy, you may not have much of a leg to stand on. You can go out and get another test done on your own if the company you work for will not retest you, however it may not be revalent and the company's laywers would likely have any test that were done on your own thrown out, simply because you have the opportunity to "flush" any potential drugs out of the system. Your argument of having to sweat longer if you use weed will not stand either. Bottom line, if you use drugs and the company that you work for has a stipulation stating that no one that is a user will remain employed, they can release (fire) you if they determine that you used drugs.

Your one saving grace may be if they refuse to retest you after the positive... if it is policy to retest any positive results... Check into it, and run with it.

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Report this Post04-30-2004 07:57 AM Click Here to See the Profile for TugboatSend a Private Message to TugboatDirect Link to This Post
Isn't there a law that companies have to allow you to go through detox the first time? I still wouldn't want to have to do that if it was false, of course.

Here is some more good info on testing, a little old, but nothing's changed much:
http://www.pdxnorml.org/bladder.html

The simple EMIT test may be fooled by drinking something, but tea is as good as anything. Makes you pee, helps flush your system out. Lots of water helps too, by flushing, and by diluting the sample. The other tests won't be so easily fooled but are more expensive so not given that often.

GL

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cliffw
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Report this Post04-30-2004 04:48 PM Click Here to See the Profile for cliffwSend a Private Message to cliffwDirect Link to This Post
 
quote
Originally posted by topcat:
You can go out and get another test done on your own if the company you work for will not retest you, however it may not be revalent and the company's laywers would likely have any test that were done on your own thrown out, simply because you have the opportunity to "flush" any potential drugs out of the system. Your argument of having to sweat longer if you use weed will not stand either.
Your one saving grace may be if they refuse to retest you after the positive... if it is policy to retest any positive results... Check into it, and run with it.

The company could have given a follow up with another sample before I could flush my system. I expected a follow up then requested one. It was after three days (weed not an issue) that I was notified, five actually. They lost time on the weekend maybe but did retest same sample forensically. Is that in accordance to policy of retesting? Should'nt the employee have the right to be advised so he can test himself?
Drug tests have been held up to be invasion of privacy, unreasonable search and siezure. This is a right we voluntarily give up and is why we sign a consent form. We do not give up the rights of due process, equal protection, or recourse. This is rarely stated in co. policies nor listed measures we have available.
We are due protection from discrimination of handicapped. This is why the consent form also states we understand immediate termination as a result. The policies protect them. Are they required to disclose our rights?
I can go on for a while but am busy clearing out. Keep the advice and food for thought coming.
A word of advice! When you test give enough for two samples, have them seal it also with a chain of costody tracking # and keep it for yourself. Ask them for storage measures.
From time to time I get on, watch for updates. Will be interesting.
I will be in Chat. "Which is better-Cut my losses. A little bit here in Tech, same topic.

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iluvmacs
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Report this Post04-30-2004 10:28 PM Click Here to See the Profile for iluvmacsClick Here to visit iluvmacs's HomePageSend a Private Message to iluvmacsDirect Link to This Post
 
quote
Originally posted by Tugboat:

Isn't there a law that companies have to allow you to go through detox the first time? I still wouldn't want to have to do that if it was false, of course.

That depends. Any job I would get wouldn't be included in any kind of law like this. I don't know what industry cliffw is in, but the nuclear industry has zero tolerance, so if someone failed a test, they immediately give a followup. If they fail again, they had better go back to school, because they'll never get another job in the industry.

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Cliff Pennock
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Report this Post05-01-2004 05:31 AM Click Here to See the Profile for Cliff PennockClick Here to visit Cliff Pennock's HomePageSend a Private Message to Cliff PennockDirect Link to This Post
And this relates to tecnical Fiero dicussion, how?

Moving to TO/T.

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