Legal Question in Employment Law in Virginia

pre employment screen

I just finished a pre-employment screening which included a breathalyser test.The max. I could get was a .04 and the result was a .05.I hadn't had anything to drink since the night before.I contacted the employer and told them and they have pretty much just given up.Is there anyway I can rebuke the findings?I really wanted this job and extremely upset over this.Any help would be a plus.


Asked on 6/13/05, 11:22 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: pre employment screen

If you blew .05 the following day for your pre-employment screening, this result naturally would invite speculation as to what your reading must have been on that previous day, i.e., something akin to what was described in that famous ballad sung by the late great, Johnny Cash, entitled "Sunday Morning Comong Down"---i.e., something way too high in terms of BAC for that particular company to want want to take a chance on and therefore it's little wonder that "they have pretty much just given up"(the prospect of hiring you, I guess you mean to say).

I'd say that I'd pretty much agree with that assessment and, no, I know of no credible way in which you could "rebuke the findings". Next time, however, when you have a pre-employment screening scheduled for a job which you really want, you might want to try climbing on the wagon for a while before you undergo the screening. Incidentally, a BAC of .05 I understand is sufficient to get yourself charged with a "driving while impaired" in both D.C. and Maryland.

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Answered on 6/13/05, 12:31 pm


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