What Can I Do if I Fail a Drug Test?
Drug tests are sometimes unreliable. Many people who have never used drugs have tested positive for drugs (called a false positive). If you ask for a retest an employer will likely allow you to take the test again.
What Can Cause a False Positive?
There are many legal substances and products that can cause a false positive. Many over the counter medications and prescription drugs can cause a false positive. Ibuprofen (Advil) is known to cause false positives for marijuana. Products containing hemp, such as tanning lotion, shampoo, or food products can also result in a false positive for marijuana. Medications that contain ephedrine or phenypropanolamine, such as nasal sprays or diet products, could cause a false positive for amphetamines. Products containing poppy seeds, like poppy seed muffins, can result in a false positive for opiates. The list goes on and on.
What Happens if I Fail a Drug Test?
It depends on your employer and the jurisdiction where the employer is located. Each state or municipality has its own rules regarding drug testing in the workplace and the consequences for failing a drug test. Failing a pre-employment drug test may result in you not being hired by the company. Failing a drug test while employed may result in you being fired or not being promoted. Your state may also deny you unemployment benefits, workers compensation benefits or disability benefits. But not every jurisdiction or employer has a zero tolerance policy, so seeking treatment may be an option.
Do I Need a Lawyer if I Fail a Drug Test?
An employment lawyer can help an employee who has not been hired, who was fired, or who has been denied benefits because of a false positive drug test result. If you believe your drug test produced a false positive result, an experienced employment attorney can help protect your rights.
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