Legal Question in Employment Law in California

False Results for Coccaine in Urine!

I took a California Police Exam and was told I had coccaine in my urine. I have never even seen coccaine before. I've invested a lot of time and money into the application process. I took a polygraph, hair drug test, and 2 other urinalysis exams from the military recently and passed. However, the Employer says I am disqualified from the process. Can I take another polygraph or do anything to prove my innocence?


Asked on 10/04/06, 6:09 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: False Results for Coccaine in Urine!

You already lost your innocence. If you can convince them to let you 'appeal' the disqualification by showing all the other test results, do so. The employer is the final word on the process and decisions.

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Answered on 10/05/06, 5:54 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: False Results for Coccaine in Urine!

In addition to what my colleague suggests, I'd take a look at the lab's collection procedures. Also, you can request that the "split" be tested. The split should be sent to a different lab.

I was successful in convincing a jury in a similar matter because the collection procedures were very sloppy (i.e. jars left open, unlabeled, etc.). Do you think there might have been an ulterior motive? Have you seen the actual test results?

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Answered on 10/05/06, 6:35 pm


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