Mostro
Journeyman
Reged: 06/09/03
Posts: 72
Loc: Houston, Texas
|
|
Howdy y'all -
have a legal question for you. 2 months ago, I rec'd a job offer pending a drugscreen (std practice). Since my start date was rather quick and training was involved, I was sent to the west coast for a week. Upon returning, I was called on a Sunday night by my new boss saying that my drugscreen was positive for benzo's specifically "SERAX". I never heard of this drug. After researching, I found that it is an old benzo and is hardly prescribed anymore. My local pharm said they don't have it on the shelf. I then realized that it was probably the valium (2-10mg pills) I took about 4-5 days previously. I know this sounds fishy but, in addition to 10/325 & soma, I take roughly 5-7 meds daily due to diabetes. I didn't remember initially. To make a long story short, I lost the job. After talking with my doc, old g/f (doc), 2 lab techs & 3 pharmacists they all said a urinalysis cannot distinguish between what type of benzo it is. I had scripts for everything. Funny thing is that the med review officer would never call me back.
Any help here???
|
Anonymous
Unregistered
|
|
You might want to talk to a labor lawyer -- you can probably get 10 minutes on the phone for free. Find out if you have a case.
|
daddyj
Board Addict
Reged: 02/06/03
Posts: 367
|
|
All I can say is ditto. If you listed all of your medications, including the valium, on the form they give you prior to your screen, they really didn't have a valid reason to let you go.
You should call a lawyer right away!
--------------------
Misty morning, clouds in the sky
Without warning, the wizard walks by
Casting his shadow, weaving his spell
Funny clothes, tinkling bell
|
537
Threadhead
Reged: 12/08/01
Posts: 755
Loc: west coast CA
|
|
So sorry to hear that. I totally agree with the other posters. Talk to a lawyer. It couldn't hurt.
|
Trampy
Pooh-Bah
Reged: 04/02/02
Posts: 1222
Loc: Southwest U.S.
|
|
You need to check your state's laws. What they did is illegal in some places. I'm pretty sure that California has protections for employees against drug tests.
Some of us have the luxury of "Just Say No" to drug tests. I've never taken one and hope it never comes to that.
By "Serax" maybe they mean Serepax, or oxazepam. Many of the benzos will metabolize to other benzos or will have the same metabolites. Urine tests are not very reliable. They probably have more false negatives than false positives, but both happen routinely. That's why only private employers can legally fire someone (who is already an employee) on the basis of just a single Best if kept off the board test.
Government jobs, both federal and state, offer better protections because the drug test and the firing would need to pass constitutional muster. But private entities who "employ at will" can (unless the state prohibits it) fire someone for pretty much any reason that's not prohibited by our civil rights laws (like discrimination on the basis of age, sex, race, national origin, ... and, most recently, disability).
For example, discrimination in hiring and firing on the basis of sexual orientation and gender identity (whether actual or *perceived*) was made illegal a few days ago where i live. It's been over six years since federal employees got that protection from a Bill Clinton Executive Order.
I wish someone would post a list of the states that limit the legality of private employer drug testing. I know they can do whatever they want here for that. Nobody has a right to a job here. If you don't like it, quit. And ditto for firing someone. Seems like the East and West Coast states make it harder to fire people.
Trampy
--------------------
Your mileage may vary ...
|
Mostro
Journeyman
Reged: 06/09/03
Posts: 72
Loc: Houston, Texas
|
|
Thanks for info.
I have no idea what happened. I was not asked to record meds on form b4 the test. I began to volunteer info but, was told the doc will call if any questions.
I wonder if it was the diabetes that scared them? Too difficult to prove that against them. The funny thing is that I sent a firm email to HR to get my results sent to me and they asked me to sign a release form releasing the doc, facility & company from any liability. I had a good laugh over that. I bet I could sign it, receive records & if I found the results were inconclusive or incorrectly stated the med instead of its drug class that I could still have their butt in a ringer.
Btw, here is the correct info on SERAX.
Information on Serax from drugstore.com
--------------------------------------------------------------------------------
Learn more about usage, cautions, and possible side effects.
Tablets
Chemical Name: OXAZEPAM (ox-AZ-e-pam)
Common uses
This medicine is a benzodiazepine used to treat anxiety. It may also be used to treat alcohol withdrawal and other conditions as determined by your doctor.
Edited by Mostro (07/03/03 09:50 PM)
|
Previous
Index
Next
Threaded
Edit 
Reply 
Quote 
