False Us For Testing In New York
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If this happened in your case, ask for a retest of your sample. If your employer for some reason doesn't believe your explanation of the positive result, and your retest comes up positive again, it's time to talk to an experienced employment lawyer about the best way to protect your rights.
One of the most common false positives is for amphetamines, which can be triggered by over-the-counter decongestants, the nasal inhaler Benzedrex, the antidepressant Wellbutrin, and the weight-loss supplement Acutrim.
You would need to seek the consult of an attorney to review everything to make a proper determination. However, to answer your question, yes, there may be liability if the test resulted in a false positive due to substandard testing or assays employed by the lab to determine results.
Disputing a False Positive Drug Test Individuals can challenge the results by requesting a retest as soon as possible. Time is of the essence in such situations, as obtaining a clear result can mitigate the adverse effects of the initial test.
Some data suggests 5% to 10% of all drug tests may result in false positives and 10% to 15% may yield false negatives. Confirm with the lab you visit that a second, confirmatory test will be performed on any positive drug test that may occur.
13 medications that cause false positive drug tests Analgesics/ NSAIDS. Antibiotics. Antidepressants. Antihistamines. Central nervous system (CNS) stimulants. Cough suppressant. Decongestants. Proton pump inhibitors.
Some of the most common defenses include: Chain of custody errors: If there were errors in the chain of custody of the urine sample, such as improper labeling or handling, it may be possible to challenge the validity of the test result.
Possible outcomes include increased supervision, additional conditions added to your probation, fines, or even jail time. Factors influencing the consequences you face include the conditions of your probation, the specific substance detected in your system, and your overall adherence to probation requirements.
Commissioner. Mark J.F. Schroeder was nominated by former Governor Andrew Cuomo to serve as the Commissioner of DMV in January of 2019.
You must submit a Vehicle Safety Complaint Report (PDF) (VS-35) and supporting documents to the DMV Consumer & Facilities Services Complaint Unit. To submit electronically, download the complaint report available at the link above. Email the completed report and supporting documents to CSR@dmv.ny.
