West Virginia Sample Letter for Response to a Positive Drug Test - Employer
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FAQ
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.
If your employer decides to fight your unemployment claim, your employer could submit proof of your drug test failure to the unemployment agency. The agency could then deny your benefit claim, meaning that you won't receive benefits while you look for a new job.
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.
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.
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.
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.
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.
If an employee believes a drug test was faulty, some states give them the right to contest the results. If granted that right, they must appeal within a certain time frame. Some companies, organizations, and unions have very specific rules about the testing process and the right to appeal.
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.
