Legal Question in Employment Law in Virginia
Brief Background:
I am trying to appeal a positive urine test that I know to be inaccurate. I have a written statement from the collector that she did not follow the collection protocols that she was trained to follow.
I believe that her process errors caused a cross contamination of the sample.
I have found it difficult to prove a negative, that I did not do something.
The collector has provided a statement that she did not follow all the procedures clearly listed on the CCF.
In a private sector Drug Free Workplace program, a Control and Custody form (CCF) is used to document the process from collection to analysis.
The CCF has clear Steps and Instruction for the collector to follow to ensure validity and integrity of the sample.
A donor submits to this process with the faith that this process will be followed in accordance with the applicable guidelines printed on the CCF.
Is the CCF considered an express contract or part of the preformance end of a unilateral or bilateral contract between the donor and the collector?
When a urine collector deviates from the expressed and specific applicable guidelines on the CCF; which are also the industry standard collection process, have they breeched that contract?
Can the CCF and the collection itself be declared legally invalid?
Does the collector have a contractual obligation to preform the collection in accordance with the expressed terms of the CCF?
Thank you.
1 Answer from Attorneys
I would answer uniformly in the negative to all of your questions, and, furthermore, assuming that the test was done in connection with your application for private employment, the employer would've been free to reject the test results irrespective of what they might possibly have indicated --and whether they were done in accordance with the recommended protocols --or not (in my opinion).
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