Is there any defense if a company hair tests you after you passed a urine test?

Question

I passed my pre employment urine drug screen because I had stopped my rare, occasional use to get and keep this job. A few weeks after working there, they urine and hair tested me just because I might have needed to be a backup delivery driver (non CDL). I passed the urine part of course, but failed the hair because it detects use for months prior, long before I ever worked there. So I never did drugs while being employed there and I had already passed a test to get hired so I never really violated their policy. I was still immediately terminated. Side note: it's been months and I still have not touched any drugs. Yet I'm still unemployed and cannot collect because of this.

Answer 1

Was there a portion of the application that said "Have you ever used any drugs or illegal substances?" (or worded in a slightly different way with the same intent)? If so and you said "No" and then your hair test popped positive, that means you lied on your application and that is also grounds for immediate termination.



Furthermore, businesses have the right to terminate any employee at any time for any reason. Failing a drug test, even if it was a hair test (which actually goes back YEARS, not MONTHS), is a valid reason for termination.

Answer 2

No



If the place has a union they'd have a path laid out for retesting, but since you'd fail the retest as well, there isn't much point to paying for a retest.

Answer 3

doesnt matter, the fact that you DIDNT pass is all that matters. you should have stopped taking druges WAY before you even started looking. they were in the right. you werent. theres no defense