Can I sue for a false positive drug test?

It’s become more common in recent years for individuals to sue drug testing laboratories over false positive results. For instance, there have been cases in which plaintiffs lost jobs due to false positives and subsequently sued the labs for inaccurate results.

What is falsification of a drug test?

Under Sec. 481.133 it states: “A person commits an offense if the person knowingly uses or possesses with the intent to use any substance or device designed to falsify drug test results.” Depending on the facts of the case, an offense under this section is either a Class A or Class B misdemeanor offense.

Is it illegal for someone to watch you pee for a drug test?

Is that legal? Usually not. Some courts have found it to be an unfair invasion of privacy to watch employees urinate. However, most courts have held that it is reasonable to enforce other safeguards that protect against tampering with urine specimens.

What happens if you are positive for drug test?

If your results are positive, it means one or more drugs were found in your body above an established level. However, false positives can happen. So if your first test shows that you have drugs in your system, you will have further testing to figure out whether or not you are actually taking a certain drug or drugs.

What is a falsification charge?

Falsification of documents generally refers to a criminal offense. This offense involves the: Altering; Changing; Possessing of a document for unlawful purposes.

Is faking a drug test illegal in Louisiana?

TITLE 14 — Criminal law. RS 14:133.3 — Falsification of drug tests. (2) No person shall knowingly and intentionally deliver, possess with intent to deliver, or manufacture with intent to deliver a substance or device designed or intended solely to falsify or alter drug test results.

Is it illegal to have drugs in your system?

There is no law that indicates individuals will be arrested merely for consuming a drug unless the individual is in a public place or operating a machine of some kind and the person is impaired.

Do employers have to tell you about drug test?

The constitutional right to privacy almost universally prohibits random drug testing in California. For most jobs, an employer must give notice to all current and prospective employees before a drug test.