I am a contractor for the federal government and am required to undergo random 12-panel drug tests. I mostly work outside the U.S., so while home on leave, I can usually count on getting called in for a test at least once. Last Friday, I was called to a random facility (they literally just Google the nearest lab to your home address). I went to this lab and provided a urine sample using one of those 12-panel rapid cups. I’ve done hundreds of these tests over the past 15 years and have never tested positive. Most importantly, I don’t do drugs.
However, this time, the lab tech examined the cup and said, “hmmm, this line here is a little faint. I’m pretty sure that’s a positive.” I was incredulous and asked to see the test. She pointed to the lines for cocaine and PCP, which, though slightly fainter than the others, were clearly present. She insisted, “yeah, I’m gonna have to call that a positive.” She then immediately called my employer and reported that I had tested positive for cocaine and PCP.
Fortunately, my company does not solely rely on rapid tests and instructed the lab to send the sample for further testing. The problem is that I was supposed to fly back to work the next day, which didn’t happen because of the lab tech’s report. I don’t get paid if I’m not working, and now the collection site is telling my company that it will take another two weeks to get the results back. This means I will lose at least two weeks’ wages. Additionally, my company is treating me like a pariah—no one is returning my calls or emails. I received one email from HR advising me to wait for the lab results.
My question is, do I have a case against the collection site for reporting a positive result based solely on the lab tech’s subjective opinion of how dark a line should be?
Important details:
- I live in California.
- On the same day, I went to a different lab and paid out of pocket for another test. The results, which I received in three business days, were negative across the board.
- My company won’t accept the results from the other lab, as they only count for my peace of mind and potential vindication.
- My employment is “at will,” so regardless of the lab results, there is a high probability that my company could terminate my employment because of this incident.