questions & answers

Question: I was recently let go from my job of 5 yrs. for testing positive on a random drug n alcohol test. I dont drink and the test showed the levels of scoop mouthwash alcohol content not what was in my body. I told my manger but he let me go anyway. How can I show that it was a false reading? I am allergic to alcohol.

Answer:

The following provides general legal information. To see how laws may apply to a specific situation, contact an attorney directly. A.R.S. § 23-493.06 states:

No cause of action is or may be established for any person against an employer who has established a policy and initiated a testing program in accordance with this article for any of the following:

1. Actions in good faith based on the results of a positive drug test or alcohol impairment test.
2. Failure to test for drugs or alcohol impairment or failure to test for a specific drug or any other controlled substance.
3. Failure to test or, if tested, failure to detect any specific drug or other substance, any medical condition or any mental, emotional or psychological disorder or condition.
4. Termination or suspension of any substance abuse prevention or testing program or policy.

However, A.R.S. § 23-493.07 states:

A. No cause of action is or may be established for any person against an employer who has established a program of drug testing or alcohol impairment testing in accordance with this article, unless the employer's action was based on a false positive test result and the employer knew or clearly should have known that the result was in error and ignored the true test result because of reckless or malicious disregard for the truth or the wilful intent to deceive or be deceived.

B. In any claim, including a claim under this article, if it is alleged that an employer's action was based on a false positive test result:

1. There is a rebuttable presumption that the test result was valid if the employer complied with the provisions of this article.
2. The employer is not liable for monetary damages if its reliance on a false positive test result was reasonable and in good faith.

C. There is no employer liability for any action taken related to a false negative drug test or alcohol impairment test.

 To see more laws on drug testing in the workplace, see Title 23 of the Arizona Revised Statutes, beginning with A.R.S. § 23-493.

The above information is provided on as general legal information. To see how laws may apply to a specific situation, contact an attorney directly.