I failed a

I am a 47 year old Technology Executive with a long track record of stable employment with fortune 500 companies. I was recruited by a company to accept employment with them as a member of the executive team. As such, I submitted to psychological testing in addition to the interviews one would expect with a high level position (CEO, CFO). I agreed to a "Pre-employment" drug test however, the test was not administered until after I had resigned my former job and had worked for the new company for a week. After a second week of employment with this company, I received a telephone call from someone at a drug testing company stating that I had tested positive for marijuana and asked me what "Prescription medications" I was taking. I answered the question and began to describe over the counter medications I was taking at the time as well and was told that they could only consider medications prescribed by a physician. I am not a user of illegal drugs and immediately discussed the phone call I had just received. I explained that this is impossible as I am not a drug user. He stated that he would discuss with the HR Director who, was at that point on vacation. I immediately began to search the internet for reasons I would get a false positive. That evening, I learned from a family member that I may have accidentally ingested marijuana that was cooked into food brought to my home and consumed by persons there, including myself. The food item was brought by a fiend of one of my cchildren who was invited to my daughter birthday celebration. This ocurred the day before the drug test was administered. I relayed this information to the CFO the following day and explained that the drug test may in fact be accurate in its positive result however, that I had reason to believe I had unknowingly ingested the drug at my daughters birthday party. I further explained that I have submitted to and have passed drug screenings for many years and can establish that I am not a drug user. I furthered offered to retest, at my expense, as often as they would like (monthly or even weekly). The following Monday my employment was terminated. Perhaps most significantly, prior to the termination meeting, one of the Executives met with one of my staff members and told him I was being terminated and why I was being terminated. I believe that Federal Law designates my drug screening results as a medical record which the employer is to secure as such and not divulge to others.

0 answers  |  asked Oct 25, 2010 5:12 PM [EST]  |  applies to Texas

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