Question

Do I have a right to sue?

Asked 2 December 2012 · 1 answer

The question

I went to lab Corp today (11/30/2012) to give a urine specimen for a Pre Employment drug test .We went back to get my specimen and the lady tells me that she can’t accept my sample because it is too warm(this is understandable).I drank some water waited 45 mins and then gave her another sample. This time it was ok. She started to make conversation stating "I hope I didn’t feel as though she was picking on me?" and she continued to ask me where I worked etc. She gave me my slip and I left. I recieved a call about 10 mins later and she says Ms Pittman can you come back to the office I forgot to give you something. I arrive at the office and she asks me to go back to the lab room with her. I walked in and on the counter sat my two specimens with two dip sticks laying on the top of them, she asks me to look at both of the dipsticks and tell her what it says I’ve tested positive for. I look and it says I have tested positive for Opiates and Marijuana. So I tell her what I see. I immediately become confused and deny it, she says " you can tell me!" . I continue to denying this to be true because I do not do any kind of drugs and I’m not around anyone that does. She asks me what I would like her to do? I tell her send it because It’s my word against the tests and I’m telling the truth so there isn’t much I can do. So she says "well Charlaine I can run another test but we would have to charge you" so I tell her no(what is the point), she continues on to say "well I’m going to help you out"(at this point I’m even more confused and just look at her ) she asks me if I heard her? I continue looking at her. She states" you seem sweet so I’m going to submit a clean test and just look at it as a blessing!" and throws my samples in the trash

From the LawyerCentral forum archive. Originally posted 2 December 2012 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

1 answer

Visitor answer 10 December 2012

Hi Chachaeng,

You have the right to sue, although whether or not you can win is a different question. Anyway, the biggest problem I can see with any claim based on this story is that you probably suffered no damage or injury as far as I can tell. If the lady does exactly what she says she would do, it seems likely that you would be hired, assuming that the lady isn't trying to trap you.

If you lose a job because of this, it would be because the lady submitted a bogus test result after she destroyed your actual results. In that case you would have an actual injury. Otherwise though, despite the unethical behavior, you personally did not lose something so any lawsuit you bring would be unlikely to win.

The lady is probably breaking the law though; if you believe you have a moral duty to report wrongdoing, this might be the time to uphold that duty. Best of luck. Please see an attorney for actual legal advice.

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