lawyer for woman who test false positive drug

There may be a defense to a false positive drug test. Contact criminal defense lawyer, Aaron J. Boria today to fight for you (734) 453-7806. Criminal Defense Lawyer and False Positives

Full Answer

Why do people with dark skin get false drug test results?

What is a lesser defense to a drug test?

What can cause you to test positive on a drug test?

Apr 09, 2019 · There may be a defense to a false positive drug test. Contact criminal defense lawyer, Aaron J. Boria today to fight for you (734) 453-7806.

Why did my drug test result come back wrong?

Failing a drug test means an employer can deny you employment or terminate your employment depending on the conditions of your hiring. After you have been hired, the employer may choose to continue your employment but decline to promote you until you pass the next series of drug test. To learn more, you should consult your employee policy and ...

Can you fight a false positive drug test?

Can you fight a failed drug test?

What is a good excuse for failing a drug test?

How common are false positives in drug tests?

What is the most common false positive drug test?

What happens if your drug test comes back positive?

How long do you need to be clean to pass a urine drug test?

What foods can cause false positive drug test?

How do I delay a pre employment drug test?

How accurate are urine drug tests?

When Is Drug Testing legal?

The federal government has limited laws regarding drug testing. Therefore, drug testing is mostly a state issue. States and local jurisdictions hav...

What Can I Do If I Fail A Drug Test?

If you failed a drug test, you may be able to contest the results. Drug tests are sometimes unreliable. Many people who have never used drugs have...

What Can Cause A False Positive?

There are many legal substances and products that can cause a false positive. The following common substances are among the many that may cause a f...

What Happens If I Fail A Drug Test?

Each state or municipality has its own rules regarding drug testing in the workplace and the consequences for failing a drug test. If you fail a pr...

Do I Need A Lawyer If I Fail A Drug Test?

An experienced Employment lawyer can help an employee who has not been hired, who has been fired, or who has been denied benefits because of an unl...

Is a drug test positive or negative?

Drug testing is reported as positive or negative. The concentration of a drug is reported in a persons system and if the amount of that concentration exceeds a predetermined value the laboratory will report the test as positive.

Where does marijuana get its psychoactive ingredient?

The primary psychoactive ingredient of marijuana is THC, which is absorbed in red blood cells and plasma. THC penetrates into vascularized tissue and accumulates in body fat where it can be stored long term.

Do employers require drug testing?

Many employers require drug testing as a condition of hiring and continuing employment. In fact, it is rare these days for an employment application not to forewarn of the employer’s intention to conduct a drug test before issuing an offer of employment. Drug testing is carried out by some government employers and has become quite popular in ...

Is random testing a violation of privacy?

Though random testing has been attacked as a violation of employee privacy rights, some states still allow this practice. Courts in particular have upheld the lawfulness of random testing in safety-sensitive workplaces and where testing is truly random.

What are the conditions for drug testing?

Some of these include the following: Pre-employment: Employers are always trying to determine how best to weed out employees that may present a liability .

Can you use medical marijuana for glaucoma?

Some states have approved the use of medical marijuana for the treatment of glaucoma, nerve pain, seizures, cancer, or irritable bowel syndrome. You can raise this as a defense if the use of marijuana is lawful in your state. A lesser used defense is lab error. Though rare, it will happen and whether there has been employee error in running ...

Is marijuana a drug?

Marijuana, for example, is a commonly tested drug. However, with so many states now allowing the legal use of marijuana for recreational and medicinal use, the employer may be precluded from discriminating against you when you use this drug. Some states have approved the use of medical marijuana for the treatment of glaucoma, nerve pain, seizures, ...

First Steps

First, it is important to establish whether the employee or applicant is claiming that he or she was exposed to drugs in the environment.

Claims Another Substance Caused a Positive Result

Finally, employers routinely face claims in litigation that some other substance (prescription drugs and CBD, but also mentholated vapor inhalers and even poppy seed bagels) caused a “false positive” drug testing result.

Author Information

Michael K. Clarkson, shareholder in Ogletree Deakins’ Boston office and co-chair of the firm’s Drug Testing Practice Group, works regularly with employers and is a leading voice on critical drug testing issues.

Is drug testing unconstitutional?

Drug testing has been challenged and often ruled unconstitutional. The variances in drug testing laws can be significant and each state’s law can be found here. New York prohibits employers from rejecting a job applicant because they tested positive.

Is it mandatory to hire a lawyer?

Hiring a lawyer is not optional. It is mandatory. Even a seemingly insignificant item can change the entire course of your case. If your suit is against a business, you must be represented by a lawyer. The final step before appearing before a judge is to file your case, paying the filing fee and serving the defendant.

What did Elizabeth Eden eat?

Elizabeth Eden ate a poppy seed bagel the morning she gave birth to her daughter. Eden was in labor and her doctor told her she had tested positive for opiates.

Do roadside drug tests produce false positives?

Investigative journalists at ProPublica and the New York Times Magazine discovered that roadside drug tests routinely produce false positives. Ignoring that evidence, police agencies continue to base tens of thousands of arrests every year on doubtful test results.

Who is Jeffrey Johnson?

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Register your Drug Testing Abuse Case

If you feel you qualify for damages or remedies that might be awarded in a possible false positive drug testing class action or lawsuit, please fill in our form on the right to submit your complaint.

Reader Comments

I don't know if there is a date for too late although I cant imagine considering I have been actively fighting the courts and cps since 2014. I know for a fact I was set up and the testing center played a roll but problem is I cant find a lawyer in Missouri willing to go against not only cps but a family court judge as well

Can an employer test an employee for drug use?

In general, the law places more limits on an employer's right to drug test an employee than a job applicant. Some states limit employer drug testing of employees to situations indicating "individualized suspicion" of possible drug use, such as where the employee to be tested was involved in an accident or just returned from drug or alcohol rehabilitation leave. Many states allow employers in certain professions and industries (such as health care workers, police officers, or public transit operators) to test employees with fewer restrictions. Ask an employment lawyer familiar with the drug testing laws in your state about when, how, and why employers may drug test people in your capacity (either applicant or employee).

What happens if you fail a drug test?

If you fail one of those drug tests, you can be suspended or even fired in many states. In some circumstances, it makes sense to hire a lawyer if you experience any adverse employment action as a result of failing a drug test, particularly because drug testing law is complicated and varies from state to state.

What happens if you don't get hired?

If you weren't hired or were fired because you failed an employer’s drug test, you may have legal challenges to the test or to any actions the employer took based on the test results.

Do drug tests show current intoxication?

Drug tests do not merely explore a person's drug intoxication: Tests themselves are invasive (often involving the taking of a urine sample), and the results do not merely show current drug intoxication but can reveal off-duty drug use. Some states view such measures as possible violations of employees' and applicants' right to privacy. An employment lawyer in your state should be up to speed on all of these aspects of the law that may be implicated in your drug test.

How long does THC stay in your system?

Alcohol leaves the blood stream relatively quickly, while THC (the active compound in marijuana) leaves its mark for many days after the person has used the drug. Employer drug tests reveal legal pharmaceuticals as well as illegal drugs, so employers may learn about an employee's medical conditions from drug tests.