Wrongful termination suit for drug testing policy/law not followed?

Question

I was sent for a random drug testing & assumed I had nothing to worry about. My results came back that I tested positive for marijuana @ 15 ng/ml (which they told me is the exact cut off level). I requested that it be sent for a confirmation test because the MRO stated that it could have been human error, 2nd hand smoke, or in a food or drink I consumed with out knowing.  Per my company policy & Iowa State Law section 730.5, I requested that it be sent to a different lab to be tested at my expense. 1st of all the lab didn't notify my employer 1st as stated in company policy & law.  2nd of all, even though I requested it be sent to a different lab, they used the same lab as the 1st test & used the same process for testing. Now I am suspended & facing termination. The lab didn't follow my company policy let alone the state law. Can I file for unemployment & a wrongful termination suit?

Casey Y · Answer

I'd approach a lawyer, but did you have any drugs in your system?  I obviously have to ask, since you tested positive twice.

http://www.iowa.gov/odcp/docs/Drug-FreeWorkplaceGuide7-2-12.pdf
I assume you read the above linked document.  Where in the law does it state you have the option for requesting a different testing facility and process for testing?

I hope you aren't confusing the law and the company policy (which I obviously do not have).

Ultimately, contact a local attorney for the wrongful termination suit.  You don't qualify for unemployment as the situation stands currently.  You were fired for cause and cannot collect unemployment.

Since I think you aren't a druggie, good luck!!

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Wrongful termination suit for drug testing policy/law not followed?

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