Is this legal?

Kodark

New Member
Happy Friday-eve all! I have a question or two for you. I had to take a pre-employment drug test, I knew I would need help with passing. I turned to my handy dandy Niacin that doesn't work for everyone, but it has gotten me 3 jobs over the years, including into the Army. I did my usual routine of 2500mg of niacin and a 24 pack of water, but then the employer held up the test for five more days. I was still drinking water but no more niacin. I took the test on July 1st. On the 7th the prospective employer called me to ask if I had taken the test that they could not locate my sample, and let me know I was now outside the time limit. (All I heard was "HIPAA violation, that bottle had my info. on it") I missed the call but called back with the info. from my chain of custody paperwork. On the 10th of July (today for me, and 3 days after they lost it), the employer and not the MRO called to say I did not pass the background check. When I asked why, they said I failed the drug test. I have not heard from the MRO at all. First question: What do I do/Is there anything I can do without the clinic admitting they lost it? I only heard about it from the prospective employer. I'm pretty sure it's a HIPAA violation since it had my DOB and SSN on it. Next: How is it possible to lose a sample for 9 days and still get results on it? Last: Is it not the responsibility of the MRO to contact me and let me know what they found in my urine to give me a chance to explain anything unusual? As I admitted, I smoke. I also detoxed, but that is never a guarantee. I was under the impression the MRO was supposed to call and I never heard from them. Only from the company that turned me down. I have the voice mail from the prospective employer about my missing test, but nothing from the lab. I am only assuming the test, if they actually did it, could have been positive for THC. Either that or it was considered a diluted sample, but either way I thought no news was good news, and no one called except the company that didn't give me the job.
 
That sounds really strange and unprofessional for them to "loose" a sample and yes the lab should have contacted you if you indeed failed. I would certainly call the company that conducted the screen and see what they have to say about it because they should certainly have it on file that you took the test in the first place. You really need to fallow through and find out all the info you can on this because you don't want a stain on your record that you failed a test if you really didn't, not to mention that it will drive you crazy not knowing the truth. If you indeed did pass according to the lab then I would contact the company you applied for the job with and make them aware that you found out that they told you something that was untrue and that you will take them to court if they put anything on your record that says otherwise because it could effect your ability to find employment else where.

I am a truck driver and subject to being put on what's called a DAC report if I get caught and that will fallow me around for years so I really have to keep that clean. I'm not sure what type of employment you're in but if it involves any type of safety sensitive work, whatever you do may be put on a report like that as well so you really need to resolve this my friend.

I know everyone's body is different but with all that water alone you should have passed with no problem, I have personally passed a pee test with nothing more than a quart of sweet tea, fallowed by a quart of water and that was after smoking the morning of the test and everyday leading up to the test as well, so a 24 pack of water right before a test should have most certainly worked.

The trick I've found is making sure your pee is clear as water and then take a multivitamin to put the yellow back in so it doesn't look diluted, also you should pee out about half of it in the toilet then pee the other half in the cup. This method has served me very well through at least a dozen piss test's. Of course this is just what seems to work best for me and my metabolism.

Good luck my friend, I hope everything works out...Keep us posted, ok :goodluck:
 
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