Employment Law

Other Employment Law Considerations

What if you test positive for drugs, but you really believe that the test was wrong? Is there any recourse?

There may be some recourse, as some state laws require that an employer require a confirmatory test—a second test to ensure the accuracy of the first test which is often referred to as an initial, screening test. Additionally, some state laws allow the employee to obtain access to the test sample and, at the employee’s own expense, pay for their own testing by a reputable testing company. Once again this area of law differs quite dramatically from state to state.


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