Legal Question in Employment Law in Tennessee
I was fired for failing a drug-screen from an over the counter drug.
Truth be known, I have not taken any illeagal drugs in years. I had read Maytag's Policy on Over-the-Counter Drugs, and it said that an employee may bring to work and take an otc drug during(or prior to) work hours only if the drug is used for its intended purposes and in accordance with package directions.. So when I purchased Mini Ephedrine and took them for helping to breath without drowsiness, I knew I was going to be taking my drug screen to become a permament employee. When I took the test it was positive for methamphetamine. I told them what I had taken and they said it didn't matter, and to get my belongings and leave. I did not do anything wrong, and I did not know that a legal drug would show up as an illegal drug. I read all the warnings and directions printed on the bottle and there were no warnings or ingredients that would have lead me to think otherwise. I do not use or abuse illegal drugs and I do not think that my employment history should say that about me. I really do not know what methamphetamine even is. I want to know if I have a case against Maytag, Optimum (the staffing agency), or the company that puts this otc drug out into the public without warning of the chance of failing a drug screen.
2 Answers from Attorneys
Re: I was fired for failing a drug-screen from an over the counter drug.
If you sample different attorneys, you will likely get different opinions about your possible causes of action. However, to me your strongest case is against the drug testing lab. Their test results should be sensitive enough to differentiate between Meth. and psuedafed.
You could also sue Maytag alleging they have harmed your reputation by claiming you failed a drug test for Meth. Of course, you would have to show actual harm, e.g., a new employer refused to hire you, because of something Maytag told them.
I suspect if you slap the drug testing lab and Maytag with a lawsuit, they will be quick to settle. Of course, they could claim you are taking Meth. on top of the psuedoephedrine.
You should ask yourself whether you are prepared for a drawn out, energy-consuming lawsuit.
Re: I was fired for failing a drug-screen from an over the counter drug.
You potentially have a number of options, including causes of action and defendants. You could sue the testing company for a false result and damage to your character (if any). If you would like to discuss any issues further, please feel free to contact my office. Thank you.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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