Legal Question in Personal Injury in Maryland
I was let go from my job because the drug testing lab gave false information to my employer. The lab said I refused to retake �a drug test which I did not.I submitted a sample. The tech said I need to submit another sample because the one I provided smelled like chemicals.�I was asked to retake the drug test in front of the male doctor but the male doctor had left out. So I asked the lady/tech "what do I do now." She replied "you will have to take that up with your employer." She gave me the chain of custody paper and I left. The form did not say I refused to provide sample. �There is a spot on the form that says refusal to test which was not checked. The tech never gave me or my employer any documentation saying I refused the drug test. �The tech from the lab called my employer when I left stating I had refused to retest. �When I returned to work I was fired no questions asked. When I left out of the lab I was under the impression that I would just have to just come back when the male doctor was available. I am wondering if I could sue the lab for tortious interference or slander or maybe even �negligence. I am also working on getting a copy of my unemployment hearing cd where the HR women from my ex-employer testified that the lab call them and they did not give any documentation saying I refused a test. And with out documentation how can how could the lab say it was me that refused�
1 Answer from Attorneys
You might have a claim for tortious interference if the lab incorrectly reported a refusal to your employer. It seems strange that your employer wouldn't at least investigate the discrepancy before firing you, but legally they had no obligation to do so. If you filed suit you'd have to establish that the only reason you were fired was the info received from the lab.
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