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If you believe that a pre-employment drug test resulted in a false positive, it’s important to discuss this with your potential employer. You may request a retest or provide documentation of medications or substances you are taking. Understanding your rights is crucial, and having a prepared response can make a difference. In this case, a Wisconsin Sample Letter for Response to a Positive Drug Test - Employer can be valuable in addressing concerns.
In the event of a violation, the employee must immediately be removed from all safety-sensitive functions and is required to success- fully complete the evaluation and rehabilitation process in order to return to safety-sensitive duty for the current or future employer.
Even with the recent legalization of marijuana in some states, employees in those states can still be punished for testing positive. The punishments for a failed drug test can include rehabilitation, termination, and losing unemployment benefits.
For most workers in the United States, their employer will never disclose a failed drug test. However, many government positions require this information and are permitted to seek it. If a drug test leads to a criminal conviction, the information is public record and may be easily found by an employer.
So, what happens if you fail a drug test? Well, you may get suspended, demoted, or even terminated from employment. It is entirely at your employer's discretion to decide what disciplinary action to take. Some state laws prohibit employers from firing an employee for a first-time positive drug test.
As a general rule, an employer may terminate your employment (or refuse to hire you) if you fail a drug test. Depending on the facts of your case, you may be able to challenge the drug testing as a violation of your constitutional right to privacy. There may also be other legal issues that arise from drug testing.
Urine drug screens are the most common test, although other body fluids may be analyzed as well. Many commonly used substances can trigger a false-positive test result. If you're certain that the result is false, immediately take action and dispute false-positive results.
Failing a drug test in California means that an employer can legally deny you employment, or terminate your employment depending on the conditions of your hiring. Once you have been hired, the employer may choose to continue your employment but decline to promote you until you pass the next series of drug tests.
If the test results in a positive reading, meaning there is drug residue in the body, the results are forwarded to a medical review officer, who reviews the results and looks for any possible valid medical explanation for the results.
The punishments for a failed drug test can include rehabilitation, termination, and losing unemployment benefits.